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• Blade is launching a new luxury bus service between NYC and the Hamptons.
• Prices start at $195 for a single trip. 
• Blade says the bus journey will have the same level of service as a private flight.

Helicopter chartering company Blade is launching a new luxury bus service between New York City and the Hamptons to bridge the gap between cheap bus journeys and its pricey helicopter flights.

Part of the appeal of its helicopter service is its nearly 40-minute journey time, which costs around $1,050.

But while the company's luxury bus still has to obey traffic rules, it aims to offer guests a more premium experience to distract them from the longer journey time.

It will be like an in-flight service than a traditional bus. Passengers will be able to press a call button to have staff bring them complimentary refreshments, including espresso martinis and Sweetgreen salads, as well as hot towels and cashmere blankets, The New York Times reported.

"This level of service is commensurate to what you would see in private aviation," Roisin Branch, Blade's chief marketing officer, told the outlet.

It comes at a price, though: the cheapest one-way seats start at $195 for the double-row seat and go up to $275 for a single-row seat, Bloomberg reported.

The 19-seat buses are a partnership between Blade and The Jet, a luxury coach company. The Jet also runs a service between New York City and Washington, DC which promises a similarly high level of service as the latest collaboration — including comfortable seats, extra legroom, and high-quality WiFi.

Blade aims to capture the market of people who don't want to charter a helicopter but are happy to pay more than the mainstream bus fare. The popular Hampton Jitney bus costs around $40 when booked ahead of time.

The new luxury bus service promises fewer stops and only picks up New Yorkers going to the Hamptons in Hudson Yards — one of the city's most expensive neighborhoods.

In 2022, Blade had to bump up the price of its helicopter trips to the East Hamptons after new airport regulations limited the company to one trip a day, Blade CEO Rob Wiesenthal previously told BI. The regulations were made in response to thousands of complaints from local residents over the noise pollution from helicopters.

The company — whose early investors included former Google CEO Eric Schmidt, Warner Brothers CEO David Zaslav, and IAC chairman Barry Diller — has staved off competition in the field. It reported $225 million in revenue in 2023; over 50% of that was earned from the medical side of its business, which air transports human organs for transplant.

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• Meta's "supreme court," the Oversight Board, is planning to make some layoffs.
• The body last week told some employees their jobs were at risk, The Washington Post reported.
• The cuts come as platforms face mounting pressure to combat AI content before elections this year.

Meta's Oversight Board is preparing to make some job cuts, according to a report by The Washington Post.

Last week, the body dubbed Meta's "supreme court" told some employees their jobs were at risk, per an unnamed source quoted by the newspaper.

The cuts are expected to affect staff who support the 22 experts, such as academics and lawyers, who make decisions about content moderation on Facebook, Instagram and Threads, according to the Post.

The Oversight Board, which operates independently from Meta, was first announced by Mark Zuckerberg in late 2018 and began operating in October 2020. It was initially funded by Meta with a $130 million grant and a further $120 million in 2022.

The Oversight Board Trust chair, Stephen Neal, confirmed it was making "targeted cuts" in a statement sent to Business Insider.

He said the reductions would allow the board "to further optimize our operations by prioritizing the most impactful aspects of our work that are delivering results for millions of people who use Meta's platforms around the world." 

Neal said Meta remained committed to the board's success, and the board was confident the company would continue to provide additional funding in the future.

"Looking forward, we will continue to take the hardest cases, keep holding Meta to account, while working to improve how people across the world experience Facebook, Instagram and Threads," he said.

A Meta representative told BI that the company "remains committed to the Oversight Board, which operates independently from the company, and continues to strongly support its work."

Meta said that it valued the board's perspective and planned to continue updating policies and practices in response to their feedback.

Although the Oversight Board operates independently from Meta, the layoffs could affect the company's ability to police misinformation on its platforms amid mounting concerns about the spread of misinformation as the US election approaches.

The Financial Times reported that regulators were already concerned that Meta's moderation did not go far enough to target political advertising that put electoral processes at risk.

Big Tech companies have been trying to show they are ready to combat new threats posed by the rise of AI-generated content and deepfakes. The wide range of widely accessible AI tools has led to a surge of fake visual content online, which many platforms are struggling to police.

Meta recently announced it will begin labeling a wider range of content with its "Made with AI" label after an Oversight Board recommendation.

The company said it will add the label to audio, video, or images when industry-standard AI image indicators are detected or when users identify the content they upload as AI-generated.

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• Avelo Airlines continues to expand its fleet and routes, adding 10 new destinations on May 1.
• The newcomer emphasizes reliability, low fares, and unique routes connecting smaller cities.
• As Avelo strives for its third profitable quarter, the CEO says the airline is focused on itself. 

When low-cost newcomer Avelo Airlines launched its first flight three years ago, it had just three Boeing 737 Next-Generation jetliners and served 11 West Coast destinations.

It's since grown to 52 airports coast-to-coast and 16 aircraft, with four more planes expected by the end of 2024.

The growing route map is helping Avelo rise in the ranks of US low-cost giants like Alaska Airlines as it chases its first full year of profitability after two high-earning quarters.

Business Insider spoke to Avelo CEO Andrew Levy about what makes the growing airline different from other low-costs and what customers can expect on board its planes.

New destinations and routes

Since the airline's first flight from Burbank, California, to Sonoma County in the state's northern wine country, it has expanded its network to 77 routes across 52 destinations, Avelo spokesperson Jim Olson said.

Over the next two months, Avelo will inaugurate 17 new routes connecting to new and existing destinations.

Sonoma County, for example, will see its destinations doubled when Avelo opens its sixth aircraft base on May 1, adding tiny markets like Boise Airport in Idaho and Glacier Park International Airport in Montana.

Among the 10 new destinations are Albany, Atlanta, Concord Airport near Charlotte, North Carolina, Destin, Houston Hobby, Knoxville, Lakeland in Central Florida, Miami, St. Louis, and Traverse City, Michigan.

Lakeland, which is just over an hour's drive to Orlando, will give travelers access to leisure hot spots like Walt Disney World or Universal Studios.

These additions align with Avelo's core network strategy: flying underserved nonstop routes to primarily secondary markets with little or no competition from other airlines.

"We still have the lowest cost structure in the US airline industry, and that is really because of how we've designed the company," Levy said. "We go to these secondary airports that are less expensive to operate in and out of."

For example, Avelo is the only airline serving New Haven, in southern Connecticut, giving nearby travelers more convenient options than driving to airports in New York City, Hartford, or Boston.

Reliability is 'in our DNA'

As an airline that launched in the middle of the pandemic, Avelo's CEO said it encountered countless challenges over the last three years that impacted travel, including increased oil prices, supply chain issues, and pilot shortages.

Throughout these struggles, Levy said the airline focused intensely on reliability, which was "top of mind" for everyone in the company.

"It's in our DNA," Levy said. "It's part of who we wanted to be when we launched the company, and it's part of who we are as we execute it."

Avelo finished 2023 as the No. 1 US carrier in cancellation rate and second for on-time performance, according to the market research firm Anuvu.

That trend continued in the first quarter of 2024, with Avelo ranking second in both categories. That puts Avelo ahead of low-cost competitors like JetBlue Airways in both metrics.

Its cancellation rate is 0.13%, with low-cost giants like Spirit at 1.79% and Frontier at over two percent. These budget competitors, each with fleets more than 100-strong, have larger and more complex operations than Avelo.

No-frills planes and unbundled fares

Avelo said it has the lowest cost structure in the US airline industry.

This is thanks to its out-and-back scheduling, direct distribution, and bare-bones aircraft structure, which means every add-on, like bags and snacks, comes at a fee.

The lighter seats and a-la-carte method mean Avelo doesn't have to pay for things it doesn't need, and neither does the customer — lowering costs and, therefore, ticket prices.

Avelo had the lowest average fare in the US airline industry last year, according to Avelo's assessment of other company reports shared with BI.

Its all-in average fare was $106, which is about $10 lower than the second lowest-fare airline, Frontier, and 53% lower than the US industry average of $227.

However, Levy said Avelo competes more with legacy carriers and Alaska rather than Spirit or Frontier, which go to larger airports with more competition than secondary markets.

But, in general, he said he's not worried about competition.

"I don't really pay any attention to these other airlines," Levy said. "We just focus on ourselves."

When it comes to baggage fees, though, Levy said he has "no doubt whatsoever" that some customers want to pay less.

Passengers have to pay $15 for priority boarding, between $11 and $64 for an advanced seat assignment with more legroom, $125 for a pet in the cabin, between $37 and $47 for checked bags, between $40 and $50 for a carry-on, and a $100 fee if the checked bag is over 50 lbs, according to Avelo.

"Everybody wants to pay less and get more," Levy said. "So, do some people wish that our bag fees were lower? I have no doubt that they do."

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• A friend sought advice on a safe but not too-large car for his teenage sons.
• I've also been thinking about what car would be suitable for my college-bound daughter.
• I drove a Hyundai Kona from Silicon Valley to Santa Barbara to find out if this car fits the bill.

A close friend of mine recently called me for advice. He wanted to know what vehicle he should get for his teenage sons to drive.

The main criteria: It's got to be safe for these young drivers. But it also can't be too heavy and big, so if an accident happens, god forbid, they don't do too much damage to those around them.

I've been thinking about this a lot lately, too. My youngest daughter is about to leave for college. She occasionally drives our ancient Toyota. What would I want her driving as an adult heading out into the world?

On a recent trip from Silicon Valley to visit UC Santa Barbara with my wife and daughter, I got to try out a vehicle that fits the bill: The 2024 Hyundai Kona.

Here are the highlights of the trip and a rundown of what we loved, liked, and disliked about this vehicle.

We had a lot to pack for the trip. Would everything fit?

Yes, all our bags fit fine. The Kona's trunk is pretty roomy for a relatively small vehicle.

Legroom in the back was good, even when I pushed the driver seat back.

The interior of the Hyundai Kona was bright and spacious

The 2024 Kona stands out on the street. A slight spaceship vibe that I grew to like.

The high-end Kona Limited model has a wide, crisp display for navigation and extra visibility around the vehicle

Some of the cheaper Kona models have a smaller display.

We were most impressed by all the safety features

The Hyundai Kona Limited AWD that I test drove came with a wide array of safety features that helped me keep an eye on my surroundings while driving. The best examples were the "No Blind Spot View Monitor" and a navigation system that has adaptive cruise control and "curve" control to help you steer around corners.

Some of the top safety features aren't available on the base model Kona

Our test vehicle cost $34,695, including freight and handling. This is for the Limited AWD version, which comes with a huge number of impressive features, including ventilated seats, a Bose speaker system, and cool wheels. You can get a much more affordable SE model for about $25,000. This lacks some of the most impressive safety features, though, such as the "No Blind Spot View Monitor."

The Kona has a cool selector that you twist to put the automatic transmission into drive, reverse, and park.

My daughter liked the Kona's styling, but said she wouldn't call it out to her friends. That's still a win.

The Kona weighs 3000-3500 pounds, depending on the version. That's notably lighter than the average US vehicle.

Safety ratings for the Hyundai Kona are solid

The Insurance Institute for Highway Safety gave the 2024 Hyundai Kona a "Top Safety Pick+" award.

On the road, the Kona handles well, with the occasional floaty feel in turns

The Kona doesn't have the tightest steering. However, this is not supposed to be a sports car. The steering was accurate and the ride was certainly comfortable during our long drive to and from UC Santa Barbara.

The Bose speaker system sounded deep and crisp, and our phones hooked up to the bluetooth easily.

Outlets for charging devices were plentiful and placed in the right spots throughout the vehicle.

On our long drive, these 2 safety features really helped

The "No Blind Spot View Monitor" appeared as a circular video on the dashboard display whenever I indicated to turn or change lanes. It provided an instant video view of the area to the side and behind me. So useful to see what's going on back there. The curve control system helped me keep the car in the right spots on the highway during the long drive.

Our dog enjoyed the ride

The base model Kona still has many safety features

Standard safety features on the base SE model include: Blind-Spot Collision-Avoidance Warning; Forward Collision-Avoidance Assist with Pedestrian Detection and Cyclist Detection, Lane Keeping Assist, and a Driver Attention Warning system. This is the type of technology that makes parents more comfortable when imagining their teenage kids driving around!

The engine on the Hyundai Kona Limited was peppy

It has a 190-horsepower 1.6 liter turbocharged GDI 4-cylinder engine. I could press the accelerator on the highway and it would respond with more than enough power to maneuver easily and safely. However, some of the cheaper versions of the Kona come with a less-powerful engine.

Summing up my thoughts on the Hyundai Kona

It's lighter than your average US vehicle. It's not too big, or too small. Many safety features come standard, and there are some really impressive ones that come with the high-end Limited model I drove.

I'd be comfortable having my teenage daughter driving the Kona.

I'd recommend this vehicle for my friend's teenage sons, too.

It would also work well as a practical family vehicle that has a little pizzazz.

A cheaper version of the Hyundai Kona may be a better deal

The SE model of the 2024 Hyundai Kona may be a better deal, at roughly $25,000. The car I test drove was about $10,000 more than that. That's a lot of money. You'd miss out on the more-powerful engine, though. A few of the most impressive safety features aren't available with the SE version, either. And the wheels are less cool. But many of the things I loved about this vehicle are still there with the SE. You can also get pretty good lease deals on Kona vehicles, too.

Overall, I was impressed — and my family agreed after spending many hours on the road in California with the Kona.

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• The EU has given  Apple six months to ensure its iPadOS complies with the Digital Markets Act. 
• The European Commission said users are "locked in" to iPadOS and it's hard for them to switch.
• It comes as a part of a broader crackdown on "gatekeepers" and a market investigation into Apple. 

Apple has a new headache to deal with in the EU.

The European Commission on Monday put the tech giant on notice to ensure its iPad operating system adheres to Digital markets Act rules within six months.

The DMA was designed to ensure fairness and healthy competition in the digital landscape and hold Big Tech "gatekeepers" accountable.

It believes that one way of doing so is by probing Apple's iPadOS through the lens of the DMA. Apple has its work cut out for it.

Some of the changes it will have to make to become compliant with its rules include letting iPad users remove apps that came pre-installed on the device and allowing them to download apps from other app stores.

The move comes amid a broader crackdown on companies that the EU describes as gatekeepers. It follows the commission's decision to open a market investigation in September to review whether Apple's iPadOS meets its DMA requirements, which came into effect last month.

In September, the EU Commission designated Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft gatekeepers. This was determined based on several factors, including their economic position, how they act as intermediaries, and their long-maintained dominant positions in their respective markets.

The EU said Monday that its iPadOS investigation found it has "features of a gatekeeper." It said the number of Apple's business users is close to the threshold and that they are "locked in" to iPadOS as the firm disincentivizes users from switching to other tablets' operating systems.

Margrethe Vestager, who leads competition policy at the commission, said in a press release, "Our market investigation showed that despite not meeting the thresholds, iPadOS constitutes an important gateway on which many companies rely to reach their customers."

One condition under the DMA is that companies are barred from self-preferencing. This means that Apple legally can't favor its own products and services over its competitors through its platforms. Instead, firms such as Apple must let app developers "steer" consumers to offers outside its own App Store.

Last month, the commission hit Apple with a fine of nearly $2 billion after it found the firm had restricted app developers from informing users about other, cheaper music services. Apple said it would appeal the decision.

Apple didn't immediately respond to a request for comment from Business Insider.

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• Tesla's stock price jumped 10% in Monday's premarket as traders reacted to Elon Musk's China trip.
• Musk seems to have won key support for rolling out Tesla's autonomous driving technology in China.
• The news looks like a "home run" for the electric car maker, Wedbush's Dan Ives said.

Tesla stock surged ahead of Monday's opening bell as traders reacted to the electric car maker moving a step closer to winning Beijing's approval for its full self-driving technology in China.

Shares were up 10% to just under $186 shortly before 7:30 a.m. ET. Tesla's valuation will balloon by nearly $60 billion if those gains hold until the opening bell, per Business Insider's calculations.

Tesla struck a deal to partner with Chinese tech giant Baidu for technology associated with autonomous driving, and passed a key data security and privacy requirement, Bloomberg reported.

The announcement came after CEO Elon Musk made a surprise visit to China on Sunday to meet with top officials including Premier Li Qiang. The Wall Street Journal reported that China's government had signaled to Musk that it would support Tesla's full self-driving rollout.

China is a key market for the US-based EV maker, although it faces intense competition from local rivals such as BYD and XPeng.

Signs of slowing demand in China have dragged on Tesla's stock price in recent months, although shares rallied last week after Musk's company said it planned to launch cheaper models in 2025.

Wedbush analyst Dan Ives called the latest news a "home run" for Tesla and maintained his price target of $275, implying a 64% jump from the stock's Friday close.

"Musk winning FSD approval in the key China market is a watershed moment for the Tesla story in our view," Ives said in a note seen by BI.

"This is a key moment for Musk as well as Beijing at a time that Tesla has faced massive domestic EV competition in China along with softer demand," he added. "While the long-term valuation story at Tesla hinges on FSD and autonomous, a key missing piece in that puzzle is Tesla making FSD available in China, which is now a done deal."

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• Elon Musk has moved closer to getting full self-driving technology approved in China, reports suggest.
• Tesla will face competition, with many local rivals rolling out their own versions of FSD. 
• One local EV boss welcomed the move, saying regulators should "let a hundred flowers bloom."

Elon Musk might have just scored a big win in China — but it's unlikely to make Tesla's problems in the country disappear.

Tesla has moved closer to securing approval to operate its full self-driving technology in China, according to multiple reports, after CEO Elon Musk made a surprise visit to the country over the weekend.

Getting FSD approved for China would be a massive win for Musk, who has bet Tesla's future on self-driving cars and robotaxis.

However, it is unlikely to transform the company's fortunes in the country right away, with Chinese consumers set to be spoiled for choice when it comes to driving assistance software.

Many of Tesla's local rivals are rolling out their own versions of Tesla's Autopilot, which is available in China, and full self-driving technology as competition rages in the country's EV market.

Guangzhou-based EV startup XPeng's City Navigation Guided Pilot (NGP) system, which it first began trialing in 2022, is available throughout China, with plans to expand it internationally also underway.

Like Tesla's full self-driving, NGP can overtake, recognize traffic signals, and conduct lane changes.

Smartphone makers-turned EV builders Huawei and Xiaomi have also been competing to release their own FSD rivals.

Huawei plans to offer its Advanced Driving System, which has capabilities similar to FSD and XPeng's NGP, across several EVs it has developed in partnership with other Chinese auto companies. Xiaomi is incorporating its own version into the SU7, its first EV.

Deliveries for the SU7 began in March, with Xiaomi's driver-assist tech set to be fully available in China by August.

Other companies developing their own autonomous driving features include Nio, whose NOP+ driving assistance software is available in 99% of China's cities, according to CEO William Li.

The reaction from Tesla's rivals to the prospect of FSD being approved has also been bullish.

"Today, many friends asked me what I think about FSD entering China, and I am especially welcoming Tesla FSD to enter China," wrote Xpeng CEO He Xiaopeng on the Chinese social media platform Weibo.

Xiaopeng said it was good regulators had "let a hundred flowers bloom" by allowing rival automated driving systems into China and described Tesla as having "very good self-driving technology and brand."

"If the last 10 years were the decade of new energy, the new decade will be the decade of smart cars," he added.

Not to be outdone, Tesla's biggest rival is also about to join the race to develop smart driving features.

BYD, which briefly overtook Tesla to become the world's largest producer of EVs, announced in January that it would invest 100 billion yuan ($14 billion) in developing new AI-powered features for its vehicles.

The Warren Buffet-backed firm already has its own version of Tesla's "Autopilot" driving assistance feature, "Navigate on Autopilot," available on its Denza N7 EV, and is planning to install the feature to all of its vehicles costing more than $41,000.

Tesla faces brutal competition in China thanks to an explosion of cheap EVs built by local companies like BYD.

The US automaker slashed prices in China earlier this month. Its market share in China shrunk from 10.5% to 6.7% in 2023, according to Bloomberg data.

Tesla did not immediately respond to a request for comment made outside normal working hours.

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• Ukraine was boosted in its war against Russia by a new US aid bill last week. 
• But it faces serious manpower shortages, ex-US general Mark Hertling told CNN. 
• "Ukraine needs the mobilization of more soldiers," Hertling told CNN. 

Ukraine got a much-needed boost in its war against Russia when a long-delayed $61 billion aid package was passed by the US Congress last week.

But in an interview with CNN Sunday, Mark Herlting, a former US lieutenant general, said Ukraine still faces serious obstacles in its bid to win back territory seized by Russia, with a shortage of recruits at the top of the list.

"Ukraine needs the mobilization of more soldiers. They have been on the battlefield for two and a half years, and that just takes an incredible account of fatigue, psychological damage, and the toughness of being in the trenches in the front lines will really be a morale factor," said Hertling, a former commander of US Army forces in Europe.

Ukraine has long faced problems recruiting enough troops to renew its military, exhausted and badly depleted after more than two years of brutal war with Russia.

According to reports, units on the front line are seriously overstretched, and troops have to fight for weeks in some cases before they are rotated away from the front line to recuperate.

Its forces have also been experiencing serious artillery and ammunition shortages, but the passage of the US aid bill after months of delays is expected to alleviate these problems.

Hertling doesn't think weapons alone will allow Ukraine to regain the territories it has lost. "Truthfully, and I know some of my artillery brethren would chide me for this, but artillery and long-range systems do not win war," he said. "You have to take on and gain the terrain. Ukraine has not been able to do that to the extent they need to with some of the terrains they've lost to Russia."

The recruitment issue has long been divisive in Ukraine. The country's former supreme military commander, Valerii Zaluzhnyi, clashed with President Volodymyr Zelenskyy over it, saying last year that Ukraine needed 500,000 more recruits.

Ukraine's government recently lowered the age at which people can be drafted into the military from 27 to 25, but analysts believe it could be months before new recruits begin to make a difference on the front line.

Russia has also suffered steep losses in Ukraine, but it has a much larger population and has managed to boost the size of its military through drafts and by offering recruits relatively lucrative contracts.

Hertling said that new US weapons would help Ukraine resist Russian attacks, but it could be some time before they are in a position to take the initiative.

"So we're going to see the front stabilize a little bit over the next several weeks, and then potentially if Ukraine can not only get them, mobilized, soldiers, get them trained, get them into offensive operations, and get them into the ability to retake ground. That's what I'm looking for," Hertling told CNN.

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• SCOTUS could soon rule on Trump's claims of presidential immunity from criminal prosecution.
• A 2009 law review by Brett Kavanaugh sheds light on how the conservative justice might rule.
• Kavanaugh didn't support blanket immunity and said prosecution could occur after a president's term.

Many in the political world are waiting with bated breath as the Supreme Court considers arguments over whether Donald Trump is immune from criminal prosecution for his behavior while in office.

Depending on how the high court rules, some of Trump's most serious legal troubles could melt away instantly. And though the conservative-majority court could hand Trump a massive legal win with their ruling if they offer a sweeping decision that affirms immunity for the former president's actions, as his lawyers have argued, analysts and legal experts say it's more likely he'll be offered a minor victory and the Supreme Court may not issue a final ruling on immunity at all.

But one clue, hidden in a 2009 legal review written by Trump-appointed Justice Brett Kavanaugh, could indicate how the conservative judge may decide in this case. And as Kavanaugh is relatively moderate compared to the court's other right-leaning justices, his 15-year-old analysis may offer insight into how the other Republican-appointed justices are looking at the matter before them.

A presidency free of distractions

In his article, published in the Minnesota Law Review in 2009, when he was working as a US Circuit Judge, Kavanaugh argues that the public grossly underestimates the difficulty of the President's job and that anyone elected to hold the office should "be able to focus on his never-ending tasks with as few distractions as possible."

That includes criminal prosecution — at least while in office.

"The point is not to put the President above the law or to eliminate checks on the President, but simply to defer litigation and investigations until the President is out of office," Kavanaugh wrote, arguing in favor of deferring criminal and civil prosecutions against sitting presidents accused of wrongdoing to ensure they can efficiently carry out the responsibilities of office.

One might contend that the country needs a check against a bad-behaving or law-breaking president, Kavanaugh acknowledges, but "the Constitution already provides that check."

"If the President does something dastardly, the impeachment process is available. No single prosecutor, judge, or jury should be able to accomplish what the Constitution assigns to the Congress," Kavanaugh wrote. "Moreover, an impeached and removed President is still subject to criminal prosecution afterwards."

The President's job is difficult enough as is, Kavanaugh argued, so he shouldn't be burdened by prosecution attempts while in office, especially since there are avenues to remove him from office if necessary.

In his writing, Kavanaugh noted he didn't always feel this way, so it's possible he may have changed his mind on this topic in the intervening years. Still, a question remains about his intent when using the phrase "impeached and removed" and if that could impact how he rules on Trump's claims of sweeping immunity.

Trump's lawyers have argued he could only be held criminally liable for actions taken while in office if he was impeached and removed by Congress for the behavior in question.

Jonathan Entin, a retired constitutional law professor at Case Western Reserve University who clerked for former Supreme Court Justice Ruth Bader Ginsburg while she was in the DC Circuit, told Business Insider that, based on his writing, Kavanaugh might not agree.

"I don't read that as saying that Kavanaugh would agree with the Trump argument about you have to be impeached and removed before you can be prosecuted," Entin said. "I read that part of the article as saying that the President is not subject to indictment and prosecution while in office. That is a position that the Department of Justice has maintained under both Democratic and Republican administrations alike."

The real factors SCOTUS is weighing

Entin said that instead of deciding whether impeachment and removal are required to quash claims of immunity, Kavanaugh and the other conservative justices might more likely be considering whether to draw a hard-line rule about when immunity applies or establish a general standard by which these types of claims can be measured.

"The people who, in the oral arguments, were talking about potential future prosecutions might be trying to draw a bright line which says, 'okay, these sorts of activities might be subject to prosecution, but other things the President will have immunity,'" Entin said, noting that the conservative justices tended to be more focused on future applications of the decision rather than crafting a ruling based on the specific set of facts at hand.

Regardless of what drives their decision — and he doesn't rule out partisan ideology as a factor — Entin said it's unlikely the Supreme Court will resolve the question of presidential immunity in this case completely. He expects the Justices to kick the decision back down to the lower courts in what would be a victory, but not a landslide, for Trump.

"My sense is that we are probably going to get something that looks like a 6-3 decision, where the three Democratic appointees will dissent, and the six Republican appointees will say that this case has to go back to the lower courts to sort out what part of the indictment involves official actions — for which the President is immune from prosecution at any time — from things that are not, and that will kick the can down the road," Entin said.

Representatives for the Supreme Court did not immediately respond to a request for comment from Business Insider.

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• Elon Musk made a surprise visit to China, meeting officials and striking a deal with Baidu.
• The deal brings Tesla a step closer to introducing its self-driving features in cars sold in China.
• Tesla's sales in China have struggled amid rising competition from Chinese makers and a price war.

Elon Musk's surprise visit to China appears to have paid off.

The billionaire unexpectedly traveled to Bejing over the weekend, meeting with high-ranking officials and striking a deal with Chinese search giant Baidu.

The whirlwind visit came just a week after the billionaire decided not to make a planned trip to India to meet Prime Minister Narendra Modi, citing Tesla-related "obligations."

Instead, Musk met in Beijing with Premier Li Qiang, China's second-highest ranking politician, to discuss the rollout of Tesla's full self-driving technology in the world's biggest auto market. The EV maker is now expected to get the green light for the tech in China, according to unnamed sources cited by Bloomberg.

Approval of FSD software could help boost Tesla's sales in China, which have slumped amid steep competition from local rivals, and suffered elsewhere from rising anxiety about EVs.

'Golden opportunity'

The partnership with Baidu revolves around mapping and navigation functions for Tesla's autonomous driving software.

Baidu's lane-level navigation and mapping is likely to let Tesla make its autonomous driving services available in China, Bloomberg reported

Such a move could be a much-needed boost for Tesla, which has lost its market leadership in the world's largest EV market.

Tesla has had difficulty keeping up with a brutal price war against Chinese suppliers. In 2023, it lost its title as the world's top EV seller to BYD, which is also planning to release its own autonomous driving technology.

China's sluggish economy and property market woes have also dampened consumer demand and made some wary of big-ticket purchases.

Approval for FSD could have a significant impact on Tesla's revenues given it charges $8,000 in the US for it, or $99 a month for a subscription.

Wedbush analyst Dan Ives said the new deal "could open up FSD in China, which I view as unlocking what really could be the golden opportunity for them," per CNBC.

Chinese authorities also said that Tesla's cars made in the country now passed data security requirements. In 2021 Beijing cracked down on the use of Teslas by state personnel over security concerns posed by the vehicles' cameras. 

Musk's battle plan

Musk's China visit comes amid tough times for Tesla.

The EV-maker reported its first decline in quarterly revenue since 2020 in its earnings call last week, missing Wall Street's already low expectations. The revenue drop represented the first major decline since the pandemic disrupted vehicle production and deliveries.

Telsa is also laying off 10% of its workforce, or around 14,000 employees, and has had to recall its recently launched Cybertrucks.

Despite the miserable earnings, the company's stock jumped on the news Tesla's long-awaited "affordable" EV was coming soon. Musk didn't give many specifics on the upcoming cheaper EV, such as exactly how much it would cost or when it'd be available, but it was enough to soothe nervous investors.

The stock surge confirms that Musk's promises still have meaning for many investors. Tesla is set to rise again by close to 10% when trading begins on Monday.

The combined might of China's car makers are a formidable adversary, but Musk's visit shows he is coming out fighting.

Tesla did not immediately respond to a request for comment from Business Insider, made outside normal working hours.

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