(NEW YORK) — As federal agencies and state partners continue investigating outbreaks of highly pathogenic avian influenza (HPAI) — more commonly referred to as bird flu — the U.S. Food and Drug Administration says it discovered fragments of the virus in some samples of milk.
In an update from the FDA, the agency said it tested milk samples by polymerase chain reaction (PCR) and found the presence of fragments of the virus, which is not the same as infectious virus and currently poses no increased risk to human health.
“Based on available information, pasteurization is likely to inactivate the virus, however the process is not expected to remove the presence of viral particles,” the FDA said.
“At this point, when you look for something in public health, science and medicine, your chances of finding it go up,” ABC News chief medical correspondent Dr. Jennifer Ashton said.
Citing a senior official at the Centers for Disease Control and Prevention, Ashton said, “the overall risk to the general American population is low, particularly from dairy cows, however, ‘they are taking this very seriously.'”
What to know about bird flu and safety of milk supply
Importantly, the FDA stated, “we have seen nothing that would change our assessment that the commercial milk supply is safe” and expect new results from multiple studies “in the next few days to weeks.”
Concerns were first raised last month when HPAI was detected in dairy cows across multiple states, but the USDA and FDA maintain that the U.S. commercial milk supply remains safe due to “the pasteurization process and the diversion or destruction of milk from sick cows.”
“Nearly all (99%) of the commercial milk supply that is produced on dairy farms in the U.S. comes from farms that participate in the Grade ‘A’ milk program and follow the Pasteurized Milk Ordinance (PMO), which includes controls that help ensure the safety of dairy products,” the FDA update continued.
Aside from pasteurized milk, both the FDA and CDC warn against drinking raw milk or products made with it that are typically bought at farms or local stores, due to possible viruses or bacteria that can lead to infection or foodborne illness.
Twenty states explicitly prohibit raw milk sales in some form. And milk that travels across state lines must be pasteurized, according to federal regulations.
HPAI was first detected in 1996 and there have only been two cases of human H5N1 in the U.S. so far. There have been no reports of human-to-human spread in the U.S.
(NEW YORK) — The Department of Transportation on Wednesday is rolling out new rules that will require airlines to automatically give cash refunds to passengers for cancelled and significantly delayed flights.
The delays covered would be more than three hours for domestic flights and more than six hours for international flights, the agency said.
The DOT will also require airlines to give cash refunds if your bags are lost and not delivered within 12 hours.
Airlines will have six months to comply with the new rules, the DOT said.
“Passengers deserve to get their money back when an airline owes them – without headaches or haggling,” said Transportation Secretary Pete Buttigieg in a statement. “Our new rule sets a new standard to require airlines to promptly provide cash refunds to their passengers.”
Buttigieg will make a formal announcement about the major changes at a Wednesday morning news conference.
The DOT said it is also working on rules related to family seating fees, enhancing rights for wheelchair-traveling passengers for safe and dignified travel, and mandating compensation and amenities if flights are delayed or canceled by airlines.
According to the DOT, passengers are entitled to a refund for:
Canceled or significantly changed flights: Passengers will be entitled to a refund if their flight is canceled or significantly changed, and they do not accept alternative transportation or travel credits offered. For the first time, the rule defines “significant change.” Significant changes to a flight include departure or arrival times that are more than 3 hours domestically and 6 hours internationally; departures or arrivals from a different airport; increases in the number of connections; instances where passengers are downgraded to a lower class of service; or connections at different airports or flights on different planes that are less accessible or accommodating to a person with a disability.
Significantly delayed baggage return: Passengers who file a mishandled baggage report will be entitled to a refund of their checked bag fee if it is not delivered within 12 hours of their domestic flight arriving at the gate, or 15-30 hours of their international flight arriving at the gate, depending on the length of the flight.
Extra services not provided: Passengers will be entitled to a refund for the fee they paid for an extra service — such as Wi-Fi, seat selection, or inflight entertainment — if an airline fails to provide this service.
(NEW YORK) — In a first-of-its-kind procedure, a terminally ill patient has become the first person in the world to undergo a gene-edited pig kidney transplant and also have a mechanical heart pump surgically implanted.
Surgeons at NYU Langone Health, in New York City, performed the operation in two steps, the first being the implantation of the heart pump. The second took place days later, with the transplant of a genetically modified pig kidney and the pig’s thymus gland — which makes white blood cells to help the immune system fight disease — to help prevent rejection.
The patient is 54-year-old Lisa Pisano, from New Jersey, who was facing heart failure and end-stage kidney disease, NYU Langone said Wednesday. Due to several chronic conditions, including being on dialysis, she was not a candidate for a heart transplant or a kidney transplant, the hospital said.
Additionally, Pisano has high levels of antibodies harmful to human tissue that would make it difficult to find a match for a human kidney transplant, according to the hospital. However, these antibodies were not harmful to gene-edited pig organs.
“All I want is the opportunity to have a better life,” Pisano said in a statement. “After I was ruled out for a human transplant, I learned I didn’t have a lot of time left. My doctors thought there may be a chance I could be approved to receive a gene-edited pig kidney, so I discussed it with my family and my husband.”
The NYU team says it believes this is the first documented case of a patient with a mechanical heart pump receiving an organ transplant of any kind. What’s more, this is just the second case of a gene-edited pig kidney transplanted into a living person, and the first with the thymus combined, according to the hospital.
The first case occurred last month when a surgical team at Massachusetts General Hospital connected the pig kidney’s blood vessels and ureter with those of 62-year-old Richard Slayman, a man living with end-stage kidney disease. The hospital has said he continues to recover well.
Pisano’s two procedures were performed by separate surgical teams about nine days apart. The first, on April 4, involved the surgical insertion of a device called a left ventricular assist device (LVAD), which helps pump blood from the lower left heart chamber to the rest of the body.
NYU Langone says it typically is used in patients who are waiting for a heart transplant or are ineligible to receive a transplant. The hospital added that Pisano would only have days or weeks to live without the LVAD.
Although end-stage kidney disease typically rules out patients from receiving an LVAD, the novel approach of using a gene-edited pig kidney helped get her approved for the procedure, according to doctors.
“Without the possibility of a kidney transplant, she would not have been eligible as a candidate for an LVAD due to the high mortality in patients on dialysis with heart pumps,” said Dr. Nader Moazami, chief of the division of heart and lung transplantation and mechanical circulatory support for the department of cardiothoracic surgery at NYU Grossman School of Medicine, who was one of the doctors who performed the LVAD surgery.
“This unique approach is the first time in the world that LVAD surgery has been done on a dialysis patient with a subsequent plan to transplant a kidney. The measure for success is a chance at a better quality of life and to give Lisa more time to spend with her family,” Moazami continued.
Doctors say the pig kidney has a single genetic modification, to “knock out” the gene that produces a sugar known as alpha-gal. Studies have shown that removing alpha-gal helps prevent rejection of xenotransplanted, or non-human, organs.
“By using pigs with a single genetic modification, we can better understand the role one key stable change in the genome can have in making xenotransplantation a viable alternative,” Dr. Robert Montgomery, who led the transplant surgery and is chair of the department of surgery and director of the NYU Langone Transplant Institute, said in a statement.
“Since these pigs can be bred and do not require cloning like more complex gene edits, this is a sustainable, scalable solution to the organ shortage. If we want to start saving more lives quickly, using fewer modifications and medications will be the answer,” Montgomery said.
Pisano’s two-step procedure required clearance by NYU Langone’s institutional review board and approval from the Food and Drug Administration under its “compassionate use” program, which often allows non-traditional methods to be used when a patient has a serious or life-threatening condition.
The xenotransplantation was performed on April 11 and Pisano continues to recover well, the hospital said.
Last year, researchers at NYU Langone Health in New York City conducted a two-month study of a genetically engineered pig kidney that had been transplanted into a 58-year-old man who had been declared brain-dead, with his family’s consent. The team observed only mild rejection that required intensifying immunosuppression medication to reverse it.
Experts have expressed hope that being able to transfer animal organs into human patients will help the future of the organ supply.
Currently, more than 103,000 men, women and children are on the national transplant waiting list, according to the Health Resources and Services Administration (HRSA), an agency of the Department of Health and Human Services. Each day, 17 people die waiting for a transplant and, every eight minutes, someone is added to the transplant list, according to the HRSA.
What’s more, many donor organs — including kidneys — are needlessly discarded every year, research shows. If these types of transplants for kidneys prove to work and be safe — this could one day make dialysis unnecessary for the more than 500,000 people in the United States who require it to live, according to the National Kidney Foundation.
“It is incredible to consider the scientific achievements that have led to our ability to save Lisa’s life, and what we are endeavoring to do as a society for everyone in need of a life-saving organ,” Montgomery said.
However, the edited animal organs bring up questions about if they will work long term, if they are safe and if it is ethical raising animals for human organ transplantation.
(WEST RICHLAND, Wash.) — A former police officer suspected in the killings of his ex-wife and girlfriend has died from a self-inflicted gunshot wound to the head, officials said Tuesday night. The child he was accused of abducting was “uninjured” and taken “safely” into custody, the police added.
Oregon State Police Captain Kyle Kennedy said the suspect — Elias Huizar — led Troopers on a chase after a failed traffic stop on the I-5 in Eugene around 2:40 p.m. PT.
There was a gunfire exchange between the suspect and officers, he said. No troopers were hurt in the incident, according to Kennedy.
The suspect continued on, crashed into a commercial vehicle and spun into the median. Huizar then shot himself, authorities said Tuesday night.
The abducted 1-year-old child, Roman Santos, who was previously identified by the authorities as Roman Huizar, was taken “uninjured” and “safely” into custody by OSP troopers, police said.
As police searched for the suspect throughout the day on Tuesday, he was charged with first-degree premeditated murder for allegedly shooting and killing his ex-wife, 31-year-old Amber Rodriguez, outside Wiley Elementary School on Monday afternoon, officials said.
Authorities allege Huizar shot and killed Rodriguez during school dismissal and was waiting behind a portable area where he knew she would be.
Hours later, authorities said they found another homicide victim, “a known associate of the suspect,” while serving a search warrant at Huizar’s residence. Authorities said in the amber alert for the then-missing child that Huizar was also suspected of killing his girlfriend.
The Amber Alert was issued Monday following the alleged abduction of the 1-year-old. It was canceled late Tuesday afternoon.
On Tuesday morning, police said there was a possible sighting of Huizar in Portland, Oregon, overnight, driving a black sedan. A clerk at a convenience store in the city called 911 just before 1 a.m. to report he believed Huizar had stopped to purchase a drink and had a child in the backseat of the car, Portland police told ABC News. Officers responded but did not locate Huizar, the child or the vehicle until Tuesday afternoon.
Huizar was previously employed by Richland School District as a substitute teacher from Nov. 2021 to June 2023, an official confirmed.
Huizar served as a police officer in Yakima, Washington, from June 2013 to February 2022, the department said. He resigned “immediately following discipline,” a spokesperson for the department told ABC News.
The department did not immediately respond to a request for comment on the circumstances of the discipline.
“The tragedies we are learning about in West Richland are heartbreaking. Words cannot express the deep sympathy we feel for all affected by these terrible acts of violence,” Yakima Police Chief Matt Murray said in a statement. “We remain ready to assist in any way we are able.”
(FAIRBANKS, Alaska) — A Douglas C-54 aircraft transporting fuel crashed into a frozen river shortly after takeoff Tuesday in Fairbanks, Alaska, according to the National Transportation Safety Board.
Two people were on board the plane, according to the Federal Aviation Administration, which is also investigating the incident.
Preliminary information showed that the Part 91 fuel transport flight operated by Alaska Air Fuel crashed into the Tanana River after taking off from Fairbanks International Airport around 10 a.m. local time, officials said.
“The aircraft slid into a steep hill on the bank of the river where it caught fire. No survivors have been located,” the Alaska Department of Public Safety said in a statement shortly before 2 p.m. local time.
The NTSB deployed agents to the scene of the crash and will recover the plane, the agency said.
The airport said in a statement that it is cooperating with the investigation.
NYPD officers detain pro-Palestinian students and protesters who had set up an encampment on the campus of New York University to protest the Israel-Hamas war, in New York on April 22, 2024. (Alex Kent/AFP via Getty Images)
(NEW YORK) — Protests calling for the divestment of college and university funds from Israeli military operations have continued to spread on campuses across the country, including Yale University, New York University, Harvard University, Massachusetts Institute of Technology, Tufts University and more.
The student protests — some of which have turned into around-the-clock encampments and have led to hundreds of arrests — have erupted throughout the nation following arrests and student removals at Columbia University.
More than 100 protesters were arrested on April 18 at Columbia University, according to authorities, while others were suspended and removed from campus.
At New York University, more than 150 pro-Palestinian protesters were arrested on April 22, police said. At Yale, about 45 protesters were charged with misdemeanor criminal trespassing and were arrested on April 22.
The protests on campuses have been largely peaceful, according to school administrators, with some officials and protesters including the NYPD blaming unaffiliated individuals for instances of violence and offensive rhetoric.
Some students have said the on-campus tension have created concerns about safety, which some universities have responded by opting for remote or hybrid learning options.
“Students across an array of communities have conveyed fears for their safety and we have announced additional actions we are taking to address security concerns,” said Columbia University President Minouche Shafik. “The decibel of our disagreements has only increased in recent days. These tensions have been exploited and amplified by individuals who are not affiliated with Columbia who have come to campus to pursue their own agendas. We need a reset.”
Tensions have been high on college campuses nationwide since the start of the Israel-Hamas war on Oct. 7, when Hamas terrorists invaded Israel. The Israeli military then began its bombardment of the Gaza Strip.
Since Oct. 7, Israeli forces have killed at least 34,183 people and injured 77,143 others in Gaza, according to the Gaza Ministry of Health.
In Israel, at least 1,700 people have been killed and 8,700 others injured, according to the Israeli Ministry of Foreign Affairs.
Here’s a look at what’s happening elsewhere across the country:
Yale University
For the past week, hundreds of student protesters have been advocating for Yale’s divestment from military weapons manufacturers.
“We do have this opportunity as students at an institution like this, that if we can sway our institution to stop investing in weapons manufacturing that is contributing to the deaths of Palestinians, then we can maybe sway a lot of universities — or at least be a part of a movement, the tide turning against war and for peace,” Zoe Kanter, a student protester with Yale Jews For Ceasefire, told ABC News.
The university has policies against occupying outdoor spaces and warned students about the use of law enforcement and disciplinary action, including reprimand, probation, or suspension to clear the space.
University administrators said in a statement to ABC News that it “spent several hours in discussion with student protesters yesterday, offering them the opportunity to meet with trustees” in exchange for clearing the encampment.
Students declined their offer, telling ABC News that their demands are clear: disclose investments and divest money from Israeli weapons manufacturers. Students pointed to successful movements that motivated Yale University to divest from the fossil fuel industry and its holdings in U.S. companies conducting business in South Africa due to the South African government’s apartheid policy.
“It’s easy to look back at history and look back at the moral and political conflicts that have gripped the country and the world throughout history and discern what side you would have liked to have been on,” said student Elijah Bacal, another member of Yale Jews for Ceasefire. “But the hard thing is to, in the moment, seize on those opportunities to do the right thing and have the courage to stand up for what you think and know is right. I think we are on the right side of history here.”
University officials said that many of the students participating in the protests have done so peacefully, but are “aware of reports of egregious behavior, such as intimidation and harassment, pushing those in crowds, removal of the plaza flag, and other harmful acts.”
The statement continued: “Yale does not tolerate actions, including remarks, that threaten, harass, or intimidate members of the university’s Jewish, Muslim, and other communities.”
Early Monday at 6:30 a.m., almost 50 students were removed and arrested, according to the New Haven Police Department. A group of over 200 protesters later took their place, and the department told ABC News it has no plans to arrest any non-violent protesters.
In a letter to students from President Peter Salovey, he said the Advisory Committee on Investor Responsibility decided to not recommend a policy of divestment from military weapons manufacturers. The university school did not disclose if or how much the school invests in Israeli military forces.
“The ACIR—a committee of faculty, students, staff, and alumni—arrived at this conclusion after hearing from student presenters and engaging in careful deliberation,” Salovey said in the letter. “This is part of a formal process and relies on the university’s guide to ethical investing that has served Yale well for decades. Any member of the Yale community is invited to write to the ACIR or to attend future open meetings. There are available pathways to continue this discussion with openness and civility, and I urge those with suggestions to follow them.”
Yale Jews for Ceasefire told ABC News that they would like to see more openness from the administration: “It is impossible for us as a community to make a decision about divestment without transparency and disclosure .. and they weren’t open to that,” said student Gabriel Colburn, a member of Yale Jews for Ceasefire.
New York University
More than 150 people were arrested at New York University on Monday night, police said.
Students, faculty and others were arrested after school officials asked the New York Police Department for help clearing a plaza on NYU’s Manhattan campus, police said. Many of those arrested were “still being processed through the night and most, if not all, will be released,” the department said.
“There is a pattern of behavior occurring on campuses across our nation, in which individuals attempt to occupy a space in defiance of school policy,” Kaz Daughtry, the NYPD’s deputy commissioner for operations, said in a social media post. “Rest assured, in NYC the NYPD stands ready to address these prohibited and subsequently illegal actions whenever we are called upon.”
The NYU Palestine Solidarity Coalition — a group that launched an encampment on campus Monday said — they were met with “violent arrests of NYU students and faculty members by the NYPD directly facilitated by NYU President Linda Mills,” and over 130 students and faculty were arrested, the group said in a statement Tuesday.
The group said over 100 NYU students faculty and community members were released as of 8 a.m. on Tuesday.
“We want to underscore how this event demonstrated on a smaller scale the globalized violence of an institution like NYU,” NYU PSC said. “We recognize that this violence reflects institutional desperation to suppress the student movement, resistance and the truth.”
According to the university, protesters at NYU on Monday broke through barriers that had been set up around Gould Plaza, a square outside the Stern School of Business, the school’s Global Campus Safety department said in a statement.
Protesters began a demonstration in front of the business school “without notice to the university, and without authorization,” NYU spokesperson John Beckman said in a statement.
Officials warned those who’d entered the square on Monday that they needed to clear the plaza by 4 p.m.
“If you leave now, no one will face any consequences for today’s actions—no discipline, no police,” safety officials said in a message delivered to those in the plaza. That message was also shared on the university’s official social media channels.
“The one safety requirement we made was that no additional protesters could enter Gould Plaza,” the message said. “With the breach of the barricades early this afternoon, that requirement was violated, and we witnessed disorderly, disruptive, and antagonizing behavior that has interfered with the safety and security of our community.”
The university said additional protesters suddenly breached the barriers that had been put in place and joined protesters in the plaza and that “many refused to leave” after being told to disband within an hour.
NYU officials appealed to the NYPD for help, according to a letter shared by Daughtry, the NYPD deputy commissioner.
The NYU PSC said its demands are for NYU to end all war profiteering and investment in what protesters are calling a “genocide,” a complete academic boycott of Israel, IOF-trained cops off of campus and that NYU protect free speech on campus and provide full amnesty to all students and faculty penalized for their pro-Palestine activism.
It is unclear if or how much the school invests in the Israeli military.
Harvard suspends Palestine Solidarity Committee
Harvard University suspended the Harvard Palestine Solidarity Committee, a student group that has been under a spotlight, as debate raged on college campuses around the country.
The group said in a statement that it has faced “unprecedented repression” over the past six months, including doxxing, racist harassment and targeted administrative crackdowns.
“Harvard has shown us time and again that Palestine remains the exception to free speech. After standing idly by as pro-Palestine students faced physical and cyber harassment, death threats and rape threats and racist doxxing, Harvard has now decided to dismantle the only official student group dedicated to the task of representing the Palestinian cause,” the group said in a statement to ABC News.
Harvard University has not immediately responded to ABC News’ request for comment.
In January, top Harvard officials implemented new guidelines and restrictions for protests on campus amid heightened scrutiny regarding on-campus debate around the Israel-Gaza war, according to student newspaper the Harvard Crimson.
“Harvard can suspend our organization, but it cannot suspend our movement,” PSC said.
The group became the center of debates on college campuses after it released a statement on the conflict after the Hamas attack, saying the Israeli regime is “entirely responsible for all unfolding violence” — the group announced in a post on Instagram Monday.
“Today’s events did not occur in a vacuum. For the last two decades, millions of Palestinians in Gaza have been forced to live in an open-air prison. Israeli officials promise to ‘open the gates of hell,’ and the massacres in Gaza have already commenced. Palestinians in Gaza have no shelters for refuge and nowhere to escape. In the coming days, Palestinians will be forced to bear the full brunt of Israel’s violence,” the Harvard student groups said in their statement last October, after the Hamas attack.
Tuesday evening, Harvard announced the closure of the Harvard Yard through the end of the week. “Harvard Yard is closed to the public through Friday, April 26,” a Harvard web page for visitors read. “During this time no tour groups are permitted in the Yard.” The Harvard Crimson noted that the decision was made in anticipation of further protests
Massachusetts universities camp out
Students at the Massachusetts Institute of Technology are also camping out in protest, calling for an end to the university’s funding to the Israeli Ministry of Defense that has been captured in past university financial reports, including projects such as “autonomous robotic swarms.”
“These are really direct ways in which MIT is complicit in this genocide that’s going on,” said student protester Quinn Perian, referring to Israel’s war in Gaza.
Perian is a member of the MIT Jews for Ceasefire group that is among those protesting on campus: “What we’ve seen is this community that’s formed around our demands that basic human dignity be recognized, as this community of fighting for liberation for all.”
In a statement to local news outlet WGBH, MIT said it is “aware of the tents, and are determining next steps with a focus on ensuring the campus is physically safe and fully functioning. MIT Police were on scene throughout the night and will continue to be present.”
MIT has yet to respond to ABC News’s request for comment.
Similar encampments have also taken over Tufts University.
In a statement, Tufts spokesperson Patrick Collins told ABC News that officials are “actively and closely monitoring the situation.”
“While students are permitted to express their views, including demonstrating on campus, we will hold accountable any community members who engage in conduct that violates university policy,” Collins said. “Regarding the students’ demands, our position on this has been clear and consistent for several years: We do not support the BDS movement.”
The BDS movement refers to a pro-Palestinian “Boycott, Divestment, Sanctions” movement against Israel’s policy in Palestinian territories.
Sanya Desai, a Tufts student and protester, pointed to Tufts’s celebration of former student activists who fought for Tuft to withdraw investments related to South African apartheid: “It’s very two-faced, and it’s very, very much painting an image of being on the right side of history.”
The movement against apartheid investments began in 1977 at Tufts and ended in 1989 when the university divested, according to the Concise Encyclopedia of Tufts History.
Desai told ABC News she hopes Tufts won’t take 12 years to divest in Israeli military operations.
ABC News’ Alexandra Faul and Matt Foster contributed to this story.
Two horses on the loose bolt through the streets of London near Aldwych. Picture date: Wednesday April 24, 2024. (Jordan Pettitt/PA Images via Getty Images)
(LONDON) — As many as five horses — and at least one of them soaked in blood — have caused chaos across central London on Wednesday morning after breaking free in Westminster, police say.
“We are aware of a number of horses that are currently loose in central London and are working with colleagues, including the Army, to locate them,” Westminster Police said in a statement on social media on Wednesday morning.
Early reports indicate that the horses may have come from the Household Calvary, the ceremonial guard of the British monarch, in Westminster.
One of the horses reportedly ran into the front of a double decker bus while another injured horse was seen bloodied and running through central London traffic.
The Household Calvary is made up of regiments of the British Army and are responsible for the Changing of the Guard at Buckingham Palace.
It is unclear how long the incident went on for but the horses are thought to have run approximately 6 miles before being contained by authorities in east London.
“We’re pleased to confirm that all of the horses have been accounted for,” Westminster Police said in a statement on social media. “We are continuing to liaise with the Army.”
Two horses on the loose bolt through the streets of London near Aldwych. Picture date: Wednesday April 24, 2024. (Jordan Pettitt/PA Images via Getty Images)
(LONDON) — As many as five horses — and at least one of them soaked in blood — have caused chaos across central London on Wednesday morning after breaking free in Westminster, police say.
“We are aware of a number of horses that are currently loose in central London and are working with colleagues, including the Army, to locate them,” Westminster Police said in a statement on social media on Wednesday morning.
Early reports indicate that the horses may have come from the Household Calvary, the ceremonial guard of the British monarch, in Westminster.
One of the horses reportedly ran into the front of a double decker bus while another injured horse was seen bloodied and running through central London traffic.
The Household Calvary is made up of regiments of the British Army and are responsible for the Changing of the Guard at Buckingham Palace.
It is unclear how long the incident went on for but the horses are thought to have run approximately 6 miles before being contained by authorities in east London.
“We’re pleased to confirm that all of the horses have been accounted for,” Westminster Police said in a statement on social media. “We are continuing to liaise with the Army.”
Former president Donald Trump speaks to the press during his trial at Manhattan Criminal Court in New York City, Apr. 22, 2024. (Angela Weiss/POOL/AFP via Getty Images)
(WASHINGTON) — Against the backdrop of a divisive 2024 presidential campaign, the U.S. Supreme Court on Thursday will take up the monumental question of whether a former president turned presumptive GOP nominee can be criminally prosecuted for his efforts to stay in power after the last election.
The case, Donald J. Trump v. United States, presents an unprecedented constitutional quandary for the court brought about by equally unprecedented actions by former President Donald Trump in the aftermath of the 2020 presidential election, which he lost to Joe Biden by a margin of seven million popular votes.
The outcome could determine whether Trump faces a federal trial this year on four felony counts pressed by special counsel Jack Smith, including conspiracy to defraud the U.S. and obstruction of an official proceeding, for his attempts to overturn the electoral vote count certifying Biden’s victory.
Trump, who has pleaded not guilty, is seeking to quash the case on the claim that as a former president he enjoys “absolute immunity” from criminal prosecution for any “official acts” during his tenure. He is the first American president — current or former — to ever face criminal charges.
“The President cannot function, and the Presidency itself cannot retain its vital independence, if the President faces criminal prosecution for official acts once he leaves office,” Trump’s attorneys wrote in their opening brief to the high court.
“Denial of criminal immunity would incapacitate every future President with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents,” they argued.
Two courts have resoundingly rejected the former president’s immunity arguments, including a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia.
“Former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel wrote. “Former President Trump lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct.”
The appeals court warned that if Trump’s constitutional theory were accepted, it would “collapse our system of separated powers” by putting a president above the law.
Smith, the special counsel, argues in his brief to the high court that Trump’s assertion lacks any historical precedent and undermines the founders’ vision of a presidency restrained in power.
“The effective functioning of the presidency does not require that a former president be immune from accountability for these alleged violations of federal criminal law,” he wrote the justices. “To the contrary, a bedrock principle of our constitutional order is that no person is above the law — including the President.”
A trial date in Smith’s federal election case against Trump was initially set for March 4 in U.S. District Court but was delayed awaiting a final decision by the Supreme Court. A ruling on the immunity claim is expected before July, as soon as mid-May.
The justices could uphold the appeals court decision in its entirety, clearing the way for a trial this summer, or they could take a middle-road approach, spelling out what actions qualify for immunity and which do not, sending the case back to lower courts for further proceedings. Such an outcome could rule out a trial before the November election.
Most legal analysts say it’s highly unlikely the Supreme Court — with its conservative majority and three Trump appointees — will endorse Trump’s sweeping assertion of “absolute immunity.” In a 2020 decision, the same court rejected a similar immunity claim by Trump in his attempt to reject a grand jury subpoena for his tax returns.
A majority of Americans (51%) think the federal indictment of Trump related to Jan. 6 and his efforts to overturn the 2020 election is very serious, according to an ABC News/Ipsos poll from late last year.
Just over half of respondents — 52% — think Trump should have been charged with a crime in this case, while 32% said he should not have been. At the same time, 46% think the charges against Trump are politically motivated, while 40% do not, per the poll conducted using Ipsos’ KnowledgePanel.
Trump’s legal team has argued that the impeachment process is the only check on a president’s conduct allowed by the Constitution, even as they concede that a president who is impeached, convicted and removed from office could subsequently face criminal prosecution for the same acts.
Trump was impeached by the House in 2021 over his efforts to overturn results of the 2020 election but later acquitted by the Senate after he had left office. The former president argues that his actions were part of a legally legitimate effort to ensure election integrity.
Smith insists former presidents have never been immune from prosecution and have always been aware of the potential for prosecution. He cites in court briefs the case of former President Richard Nixon accepting a pardon from President Gerald Ford as evidence that Nixon believed prosecution was possible after he had resigned.
While Supreme Court precedent has limited civil litigation against presidents, the special counsel contends criminal matters are different — and that there are layers of legal safeguards in the system to prevent partisan harassment and protect due process.
“Even if liability could not be premised on official acts,” Smith wrote the justices in his brief, “the case should be remanded for trial, with the district court to make evidentiary and instructional rulings in accordance with this Court’s decision. Petitioner [Trump] could seek appellate review of those rulings, if necessary, following final judgment.”
After oral arguments on Thursday, the justices will vote during their weekly private conference and begin drafting opinions. They are expected to be released before the court’s term ends in June.
(WASHINGTON) — The U.S. Supreme Court on Wednesday, for the first time since overruling Roe v. Wade, will consider the scope of a state abortion ban and whether a federal law governing emergency care protects access to abortion at hospitals when a woman’s health is at risk.
Idaho’s Defense of Life Act, which took effect in August 2022, prohibits nearly all abortions, with exceptions for reported cases of rape or incest or when “necessary to prevent the death of the pregnant woman.”
The Biden administration sued the state, claiming its law conflicts with the Emergency Medical Treatment and Labor Act (EMTALA) of 1986, which requires emergency room physicians at hospitals that receive Medicare funds to offer “stabilizing treatment” to all patients whose health is in jeopardy.
The justices will decide whether EMTALA, which does not specifically address abortion, preempts Idaho’s abortion ban and similar measures in 20 other states, protecting a doctor’s ability to terminate a pregnancy in an emergency situation if care requires it.
The administration argues the federal law explicitly makes clear that state laws are overridden to the extent they “directly conflict with a requirement” of EMTALA.
“EMTALA requires us as physicians to act in an emergency to preserve health – even the health of an organ system, like the reproductive system, as one example,” said Dr. Jim Souza, chief physician executive at Idaho’s St. Luke’s Health System. “Idaho’s law only allows action to save life, not preserve health.”
Idaho contends that Congress enacted EMTALA solely to prevent hospitals from turning away indigent patients or otherwise discriminating against patients on the basis of their condition or status.
“EMTALA leaves the question of specific treatments for stabilizing care to state law,” Idaho told the Court in its brief. “Indeed, EMTALA treats medical emergencies faced by the unborn child of a pregnant woman no differently than emergencies faced by the mother herself.”
The state also argues that the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health — overturning constitutional protection for abortion — explicitly returned the issue to the states. It accuses the administration of trying to “reimpose a federal abortion requirement.”
“The purpose of the law is to protect the life of mothers and their unborn children,” said Dr. Ingrid Skop, a Texas-based OBGYN and vice president of the Charlotte Lozier Institute, an anti-abortion group. “All states allow doctors to use reasonable and good faith judgment on when to intervene. Abortion is rare, if ever, necessary” in an emergency.
The stakes in the case are significant.
“If the Court sides with Biden, it would be incredibly troubling and a sweeping precedent for them to set,” said Katie Daniel, state policy director for SBA Pro-Life America.
Major American medical organizations have warned that state abortion bans without exceptions for a pregnant woman’s health could lead some women to experience lasting harm.
“Before the law, we practiced medicine to preserve the mom’s health and future reproductive capability. Since then, there’s been a lot of second-guessing and hand wringing,” said Souza, “Is she sick enough? Is she bleeding enough? Is she septic enough for me to do an abortion and not go to jail or lose my license?”
Hospital groups have reported increased difficulty hiring OBGYNs and emergency room physicians in states like Idaho because of potential liability from strict abortion laws with few exceptions.
“This case could radically alter how emergency medicine is practiced in this country,” said Alexa Kolbi-Molinas, an ACLU attorney supportive of abortion rights.
“For nearly 40 years, EMTALA has required every hospital with an emergency department that takes Medicaid funds to provide stabilizing treatment to any individual who needs it regardless of where they live,” she said. “No state law can force hospitals to provide a lesser standard of care. But now the court is deciding whether states can override that.”
