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A federal appeals court on Thursday saidDonald Trumpdeserves another chance to show his New York state hush money criminal case belonged in federal court, providing a fresh opportunity for the U.S. president to try to erase his conviction.
A federal appeals court on Thursday saidDonald Trumpdeserves another chance to show his New York state hush money criminal case belonged in federal court, providing a fresh opportunity for the U.S. president to try to erase his conviction.
Trump has argued that presidents are immune from prosecution over their official acts.
The 2nd U.S. Circuit Court of Appeals in Manhattan said a federal district judge should have more closely reviewed whether a 2024 Supreme Court decision on presidential immunity meant some evidence at Trump's criminal trial should have been excluded.
A Manhattan jury found Trump guilty in May 2024 on 34 charges of falsifying business records.
Manhattan District Attorney Alvin Bragg accused Trump of trying to influence the 2016 presidential election by covering up $130,000 of hush money payments to porn star Stormy Daniels, who claimed to have had a sexual encounter with Trump.
Prosecutors said the payments amounted to an excessive, undisclosed contribution to Trump's campaign.
Trump denied Daniels' claim, and defeated Democrat Hillary Clinton in the election.
The judge who oversaw the trial upheld the conviction but spared Trump jail and a fine, an unusually lenient sentence he said would help ensure finality.
Trump was sentenced shortly before his January 20 inauguration for a second White House term.
In seeking to move the case to federal court, Trump said the Supreme Court's finding that presidents have broad immunity from prosecution over official acts shielded him from prosecution because jurors heard evidence from his first White House term.
This included when he met with White House communications director Hope Hicks in the Oval Office in 2018, soon after news about the hush money payment became public, to discuss what he should tell the press.
U.S. District Judge Alvin Hellerstein in Manhattan rejected Trump's bid to move the case in September 2024, saying the case belonged in state court because it addressed Trump's private behavior.
Trump's lawyer Jeffrey Wall told the 2nd Circuit in June that the criminal case fundamentally concerned federal campaign finance law, and prosecutors' emphasis on Hicks' testimony showed that Trump's official acts were central to their case.
Steven Wu, a lawyer for Bragg's office, countered that Trump's White House discussions about "unofficial behavior" did not "transform those private conversations about private behavior into evidence of official acts."
Until now, the plan was to retire the venerable combat jets by the end of 2026.
The US Air Force plans to continue using its venerable F-15C/D fighter jets for several more years.
However, the service aims to transition the older combat aircraft from overseas operations to homeland defense.
The Air Force plans to extend the service of its old F-15C/D fighter jets for an additional four years. According to a report submitted to Congress in August, the service plans to completely retire its "Platinum Eagle" fleet by fiscal year 2031. Until now, the plan was to retire the venerable combat jets by the end of 2026.
According to the report, divestment of the F-15C/D is "nearly complete," and the "Platinum Eagle" fleet will be available to undertake homeland defense missions through 2030. The report clearly links the future of the F-15C/D fleet with developments on the F-15EX Eagle II, the latest version of the F-15 platform. Increasingly more Air Force and Air National Guard units are receiving the F-15EX, which was initially intended for homeland defense, thus opening the way for a potential swap in mission sets between the F-15C/D and F-15EX.
The report highlights that many aircraft, including the F-15C/D, were procured in the 1970s, 1980s, and 1990s and are thus operating beyond their original service lives.
"This leads to reduced availability rates, increased maintenance requirements, and higher sustainment costs," the report states.
The F-15 is one of the most successful fighter jets in recent history, with over 100 kills without any losses.
Speaking about the report, an Air Force official stated that "we expect full divestment of F-15C/Ds in FY2031 when they are replaced by the F-15EX. Until that time, we plan to maintain the 21 most viable F-15C/Ds at Fresno, home of the California Air National Guard's 144th Fighter Wing."
Titled "Long-Term Fighter Force Structure," the report outlines progress across different fighter, attack, and bomber capabilities, as well as proposes different capability requirements based on potential threat levels.
"[The Air Combat Command] is actively managing the fleet to ensure the most viable F-15C/Ds (referred to as Platinum Eagles) remain in service," the Air Force official added.
The Department of Defense and Lockheed Martin designed the F-35 Lightning II stealth fighter jet as the future workhorse of the US military. As an aircraft that can conduct several different mission sets, it can thus streamline procurement and production. In the future, instead of buying three different aircraft, one for air superiority, another for close air support, and one for electronic warfare, the US military will just buy more F-35s.
As the F-35 Joint Strike Fighter program continues to produce more F-35 Lightning II fighter jets—the Air Force alone has ordered more than 1,700 F-35s—the service will be in a better position to replace aging aircraft like the F-15C/D. The service operates approximately 500 F-35s. However, with a global demand from over 20 countries and services, including the Navy and Marine Corps, it will be some time before the Air Force has all the F-35s it wants.
Until then, the Air Force will need to find alternative ways to project power across the world, respond to potential contingencies, and ensure the defense of the homeland.
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