Trump trials will make GOP frontrunner’s daytime campaign events a challenge, but ‘nothing will stop him’

Former President Trump will be on trial in New York City next month to defend himself against charges brought by Manhattan District Attorney Alvin Bragg, taking the 2024 GOP frontrunner off of the campaign trail. 

But that won’t stop him. He says he’ll campaign at night.

"I'll do it in the evening," Trump said this week when asked how sitting in court to defend himself against charges brought by brought by Bragg related to alleged hush money payments made during the 2016 presidential campaign would affect his 2024 presidential campaign. 

Trump pleaded not guilty to all charges.

NEW YORK JUDGE SETS TRUMP TRIAL FOR MARCH 25, DENIES REQUEST TO DISMISS BRAGG CHARGES IN HUSH MONEY CASE

The former president, who will likely be the Republican Party’s presumptive nominee for the White House by the time the Bragg trial begins March 25, has been forced to tackle competing calendars for the last several months with presidential primaries and court dates in multiple jurisdictions.

So far this year, Trump dominated in the Iowa caucuses, left New Hampshire with a commanding victory, swept caucuses in Nevada and the U.S. Virgin Islands and is poised to win in South Carolina Feb. 24.

But Trump’s victories haven’t come just from crisscrossing the country stumping on the campaign trail. He’s spent days in court in New York for Bragg’s case, the civil fraud trial stemming from New York Attorney General Letitia James’ lawsuit against him and his businesses and E. Jean Carroll’s defamation trial. 

TRUMP ORDERED TO PAY MORE THAN $80 MILLION IN E. JEAN CARROLL DEFAMATION TRIAL

He's also appeared in court in Washington D.C. for special counsel Jack Smith’s case related to the 2020 election and in Florida for Smith’s case related to classified documents.

"President Trump has been attacked by the Democrats for eight years. He has stood strong through two sham impeachments, endless lies and now multiple baseless political witch hunts," Trump campaign spokeswoman Karoline Leavitt told Fox News Digital. "The Democrats want Donald Trump in a courtroom instead of on the campaign trail delivering his winning message to the American people, but nothing will stop him from doing that."

The first trial on the 2024 calendar was supposed to be in Washington, D.C., March 4 after special counsel Jack Smith charged the former president with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights. 

Those charges stem from Smith’s investigation into whether Trump was involved in the Capitol riot Jan. 6, 2021, and any alleged interference in the 2020 election result.

Trump pleaded not guilty to all charges.

The trial was scheduled for March 4, the day before the March 5 Super Tuesday primary contests, when Alabama, Alaska, American Samoa, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Virginia and Vermont vote to select a GOP nominee.

But Smith has asked the Supreme Court to rule on whether Trump can be prosecuted on charges relating to his efforts to overturn the 2020 election results. Trump has also appealed to the Supreme Court a lower court’s ruling on presidential immunity.

TRUMP ASKS SUPREME COURT TO EXTEND DELAY IN ELECTION CASE, CLAIMING PRESIDENTIAL IMMUNITY

The trial is paused until the Supreme Court makes its decisions. It is now unclear when — and if — that trial could begin.

But that doesn’t make the month of March free for campaign events. New York Judge Juan Merchan this week rejected Trump’s request to dismiss the charges against him from Bragg’s investigation. Merchan set jury selection for March 25 and said the trial will last approximately six weeks.

Bragg alleged Trump "repeatedly and fraudulently falsified New York business records to conceal criminal conduct that hid damaging information from the voting public during the 2016 presidential election."

Trump pleaded not guilty to all 34 felony counts of falsifying business records in the first degree in New York.

Jury selection in that case will begin just after the Louisiana primary and ahead of April 2, when Connecticut, Delaware, New York, Rhode Island and Wisconsin voters hit the polls to select a GOP nominee.

Smith also charged Trump after his investigation into the former president’s alleged improper retention of classified records from his presidency at his Mar-a-Lago home in Palm Beach, Florida.

Trump pleaded not guilty to all 37 felony charges from that probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements.

Trump was then charged with an additional three counts as part of a superseding indictment from Smith’s investigation, an additional count of willful retention of national defense information and two additional obstruction counts. Trump pleaded not guilty.

That trial was set to begin on May 20, 2024, ahead of the Kentucky primary on May 21, the Oregon primary on May 25 and New Jersey's primary June 4.

But U.S. District Judge of the Southern District of Florida Aileen Cannon, who is presiding over the case, said that date may be delayed. A decision will be made March 1 during the next court date.

Should Trump win the GOP nomination, he would spend July 15-18 at the Republican Convention in Milwaukee.

However, Fulton County, Georgia, District Attorney Fani Willis has proposed her trial begin just weeks later.

Willis charged Trump as part of her investigation into his alleged efforts to overturn the 2020 presidential election in the state. Trump was charged with one count of violation of the Georgia RICO Act, three counts of criminal solicitation, six counts of criminal conspiracy, one count of filing false documents and two counts of making false statements.

TRUMP CALLS 'BADLY TAINTED' FULTON COUNTY CASE 'A SCAM' AFTER DA FANI WILLIS' COURTROOM DRAMA

He pleaded not guilty to all counts.

Fulton County prosecutors have proposed that trial begin Aug. 5, 2024.

But Willis has been in court defending herself after revelations that she had a romantic relationship with prosecutor Nathan Wade, who she brought onto her team to help bring charges against Trump.

In an exclusive interview with Fox News Digital this week, Trump blasted the case as a "sham." 

"There is no case here," Trump said during Willis’ testimony. "It is so badly tainted. There is no case here."

Trump told Fox News Digital "the case will have to be dropped."

"There's no way they can have a case," Trump said. "The whole thing was a scam to get money for the boyfriend."

Commenting on all of the cases against him, Trump said, "It’s all corrupt stuff. It is all politics — using the law to try to stop a party that is substantially ahead, and a particular person that’s substantially ahead in every poll, including against Biden.

"This is all meant to stop me."

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Democrats win seat, Republicans win impeachment, two presidents clash over NATO

If the second attempt to impeach the Homeland Security chief had taken place a short time later, the Republicans would have failed again.

Instead, they managed to impeach Alejandro Mayorkas–the first sitting Cabinet secretary to draw that sanction–by a single vote.

But after a victory in George Santos’ old district, the Democrats would have had the extra vote to stop the impeachment.

TRUMP’S NATO COMMENTS TRIGGER FIERCE MEDIA AND EUROPEAN OPPOSITION: HOW SERIOUS IS HE?

Tom Suozzi beat Republican Mazi Pilip in Tuesday’s special election on Long Island, unleashing a tidal wave of punditry about his winning formula–openly tackling such issues as illegal migration and crime rather than avoiding them.

I always caution against drawing sweeping conclusions in one-off local races, and this election in a snowstorm is no exception. 

The underlying factor was Santos, the outlandish, lying, fabricating lawmaker who won the seat with a made-up resume, was expelled by the House and is under indictment. Voters felt hosed by the Republican publicity hound, and maybe the Dems were more motivated to vote.

Sure, Suozzi deserves credit for seizing on illegal migration and crime rather than avoiding such explosive issues – and doggedly distancing himself from President Biden. But he also has to run again in the fall.

NATO CHIEF SAYS TRUMP CRITICISM 'DOES UNDERMINE THE SECURITY OF ALL OF US'

Trump, for his part, blamed Pilip, "running in a race where she didn’t endorse me and tried to ‘straddle the fence,’ when she would have easily WON if she understood anything about MODERN DAY politics in America…I STAYED OUT OF THE RACE, ‘I WANT TO BE LOVED!’" 

A subtle Valentine’s Day message?

The move against Mayorkas, the first against a Cabinet officer in 150 years, is about the politics of symbolism. Republicans know full well the Democratic-controlled Senate is not going to convict him. This was about keeping the spotlight on one of the GOP’s best issues.

But if the press saddled Johnson with a humiliating defeat last week, it has to credit him with a big win now.

Both episodes shed light on the fractious politics of the Hill. Just when it looked like the Senate might pass a bipartisan border security bill–which included military aid to Ukraine and Israel–Donald Trump ripped it and the package was dead.

YOU DON'T NEED COMPREHENSIVE IMMIGRATION REFORM TO SECURE THE BORDER: MARC THIESSEN

Now the Senate appears ready to pass a stand-alone military aid bill by a filibuster-proof majority. But Johnson says he won’t bring it up for a House floor vote.

That would bury it, unless a handful of Republicans join with Democrats to force a vote through a discharge petition.

Think about it: the United States, unable to help two major allies because of election-year politics, especially Ukraine, which remains under siege by Vladimir Putin.

And that’s why Biden took the rare step of delivering a televised speech on Tuesday.

His predecessor gave him an opening by saying he wouldn’t protect any NATO member who didn’t pay its fair share in military costs. And if that were the case, Putin and Russia could "do whatever the hell they want."

Biden, in his speech, accused Trump of siding with the Russian dictator, calling the comments "dumb," "shameful," "dangerous" and "un-American."

Put aside whether Biden is right or Trump is trying to pressure delinquent allies. Joe Biden passed up a softball Super Bowl interview. So why is he getting in front of the cameras now?

One, he’s trying to get push Congress to pass the military aid bill.

Two, he’s trying to change the subject from his own questionable memory in that wake of that stinging special counsel’s report.

Three, he is finally heeding the advice of those who say he needs to do more television to prove his competence and dim the focus on every gaffe or misstatement.

What’s fascinating is the spin of each party when it comes to backing their candidate.

Democrats are hitting the airwaves saying Biden is sharp and laser-focused in private, and counsel Robert Hur has no business airing his personal criticism of the president’s mental acuity.

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Republicans are saying Trump would not actually abandon NATO and that he doesn’t mean what he’s saying.

And everyone is getting sustained exposure to a system that generally favors political maneuvering over actual results.

User’s Manual to what’s next now that the House impeached Mayorkas

The House has now impeached Homeland Security Secretary Alejandro Mayorkas.

Think of impeachment as an indictment. It’s up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial.

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet secretary prior to Mayorkas. That was Secretary of War William Belknap in 1876. 

Don’t expect anything to start until late February or early March. The House will send the articles of impeachment plus the House "managers" over to the Senate to formally begin the trial.

SENATE APPROVES $95 BILLION FOREIGN AID BILL

"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors.

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Rotunda to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate.

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas."

The articles are then presented to the Senate and the managers are introduced. That is all they usually do on the first day of a Senate trial– although FOX was told the Senate might try to squeeze everything into one day.

BIDEN’S EXPORT SUSPENSION ON LIQUEFIED NATURAL GAS COULD SPIKE YOUR HEAT BILL

Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But FOX is told that could happen on day one in this instance.

According to Senate rules, the trial must begin the day after the Senate receives the articles at 1 pm in the afternoon. Trials are supposed to run Monday through Saturday. We had Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021.

It is unlikely that U.S. Chief Justice John Roberts presides over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray (D-Wash.) presides over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all. How much of a trial is there? 

The Senate cannot immediately bypass a trial. Senate Majority Leader Chuck Schumer (D-N.Y.) has announced that Mayorkas' trial will begin later in February. The House has named its 11 impeachment managers. Senators will be sworn in as the jury.

Senators can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. The Senate could also send the articles to a committee for review.

SHOOTING BLANKS: HOW REPUBLICANS MISFIRED WHEN THEY TRIED TO IMPEACH MAYORKAS

In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd (D-W.Va.) made a motion to dismiss the charges.

There will eventually be either a vote to convict/exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that FOX polling data revealed that border security was the number one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown (D-Ohio), Jon Tester (D-Mont.), Bob Casey (D-Pa.), Tammy Baldwin (D-Wis.), Jacky Rosen (D-Nev.) and Kyrsten Sinema (I-Ariz.) – if she runs. 

But the Senate must at least entertain the articles for a day or two – and then render some sort of judgment.

Ukraine aid package would be used to impeach Trump, Sen Vance warns

Sen. JD Vance, R-Ohio, warned his Republican colleagues that the proposed Ukrainian aid bill could be used to impeach former President Trump if he wins re-election in November.

Vance sent a memo to GOP lawmakers highlighting that the Ukraine package assures the delivery of funding through September 2025. Trump, however, has vowed to end the war in Ukraine within 24 hours of gaining office, which would also end funding.

"[The package] represents an attempt by the foreign policy blob/deep state to stop President Trump from pursuing his desired policy, and if he does so anyways, to provide grounds to impeach him and undermine his administration. All Republicans should oppose its passage," the memo read.

"Back in 2019, Democrats articulated a novel theory of impeachment, based on Trump’s refusal to spend money from the USAI—Ukraine Security Assistance Initiative. Five years after impeaching Trump for refusing to spend money on Ukraine, they have drafted a new law that again requires Trump to spend money on Ukraine. If he negotiates an end to the war, as he has promised to do, they will undoubtedly argue that he has broken the law," Vance wrote in an op-ed for the American Conservative.

NETANYAHU DECLARES ‘VICTORY IS WITHIN REACH’ AS HAMAS REDUCED TO ‘LAST REMAINING BASTION’

On Sunday, the Senate voted to push forward the aid package, which also includes funds for Israel and other U.S. allies. So far, 18 GOP lawmakers have signed on to the effort.

The package would provide $60 billion for Ukraine, mostly to purchase U.S.-made defense equipment, including munitions and air defense systems that authorities say it desperately needs as Russia batters the country. It also includes $8 billion for the government in Kyiv and other assistance.

The 67-27 test vote Sunday on the $95.3 billion foreign aid package came just after Trump moved to kill the assistance and has escalated his attacks on the NATO military alliance.

MODERATE DEMS SILENT AS BIDEN SKIRTS SENATE CONFIRMATION FOR JOHN KERRY'S REPLACEMENT

Trump suggested this weekend that he would let Russia run amok in countries that are not contributing their fair share to NATO's budget.

Even if it makes it out of the Senate, the bill faces an uncertain future in the House of Representatives, where Republican lawmakers are more deeply aligned with Trump.

Fox News' Bradford Betz contributed to this report.

From the border to impeachment to the courts, gridlock reigns in Washington

The government of the most powerful country on earth is no longer functioning.

Every attempt to do just about anything goes down in flames.

This happens periodically in a capital built on a divided government established by the founders. But when you meld that with the hyper-partisan atmosphere that is now embedded in our culture – set against a momentous presidential election – things seem more dysfunctional than ever.

BIDEN KNEW THE BORDER BILL WAS ON LIFE SUPPORT AND WANTED TO BLAME TRUMP: HOWARD KURTZ

Neither side trusts the other. The paramount concern is the blame game, making sure the opposition party takes a hit when things fall apart.

At the same time, two major lawsuits, including one being heard by the Supreme Court today, will shape the 2024 election in ways we’ve never had to contemplate before.

The Trump team will try to convince the high court that Maine and Colorado acted illegally when they kicked the former president off the ballot. The appellate court ruling, which must be appealed to SCOTUS by Monday, says Donald Trump can’t be shielded from prosecution by unlimited immunity, especially after leaving office.

Who would ever have imagined that such battles would be fought for the first time in American history? Then again, we’ve never had an ex-president accused of criminal wrongdoing in four separate indictments–with the added twist that analysts agree the charges have boosted Trump’s campaign among the majority of Republicans who view him as being unfairly persecuted.

The long-running battle over the southern border is equally divisive. Now there’s no question that this is a major liability for President Biden, who has failed for more than three years to prevent record-setting waves of illegal migrants from flooding into the country. 

Why he hasn’t done more, on a problem that even big-city Democratic mayors say is damaging, is hard to fathom. It is, after all, the signature issue that helped Trump get elected in 2016.

WHAT BULLY PULPIT? WHY BIDEN STAYS OFF TELEVISION DURING BIG BREAKING NEWS

So both parties, at least in the Senate, made an all-out attempt to hammer out a resolution.

After four long months, they finally settled on compromise language involving asylum, parole and other thorny issues. Biden made more concessions than most thought he would–including the power to shut down the border if illegal crossings exceeded 5,000 a day (which still seems way high). The Border Patrol union backed the measure, as did the Wall Street Journal editorial page.

And more than just immigration was at stake. Foreign policy had to be baked into the cake. The president saw the measure as a tradeoff, with border security greasing the skids for long-stalled military aid to Israel and Ukraine.

But Trump, the unquestioned leader of the party, said the bill would be a death knell for Republicans and urged them to oppose it, to hold off until he took office. Trump invited them to "blame me." Biden said his likely opponent wanted the campaign issue more than a solution.

Once the bill’s text was released, Republicans started abandoning it in droves. There was little question that Trump was the motivating force. He is the party’s undisputed leader and on the verge of the nomination.

JEFFERIES DEFEND SURPRISE APPEARANCE BY TEXAS DEMOCRAT IN FAILED MAYORKAS IMPEACHMENT VOTE

When Mitch McConnell, who strongly supports U.S. assistance to Ukraine, conceded the bill couldn’t pass, it was over. Ted Cruz called for McConnell to be ousted as minority leader.

Speaker Mike Johnson, just a few months into the job, does not want aid to Ukraine, but brought to the floor a stand-alone measure to provide billions to Israel. That failed by a sizable margin. Now there’s chatter that Johnson could suffer the same fate as Kevin McCarthy.

What’s more, Johnson revived an effort to impeach Homeland Security chief Alejandro Mayorkas – the first such attempt to oust a Cabinet officer in 150 years. The media and those on the Hill thought it would be a slam dunk.

But the maneuver failed by two votes, with three dissenting Republicans saying it wasn’t fair to impeach Mayorkas for carrying out Biden’s policies. So even that exercise in scapegoating was botched. Not that he would have been convicted by the Democratic-controlled Senate.

There’s a long way to go between now and November, both in Congress and the courts. But right now Washington is in a state of paralysis.

Trump not immune from prosecution in 2020 election case, federal appeals court rules

Former U.S. President Trump is not immune from prosecution in the 2020 federal election case, a federal appeals court ruled Tuesday.

The U.S. Court of Appeals - D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in overturning his 2020 election loss, ultimately saying it was "unpersuaded by his argument" and ruled a case against him can proceed. 

"We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed," the court wrote in its ruling Tuesday. 

It determined: "We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation."

TRUMP TRIAL DELAYED IN CASE STEMMING FROM SPECIAL COUNSEL JACK SMITH'S JAN. 6 INVESTIGATION

The legally untested question before the court is whether former presidents can be prosecuted after they leave office for actions taken in the White House related to their official duties.

Steven Cheung, Trump campaign spokesperson, said in a statement that the case will have far-reaching consequences, both for Trump and all future presidents.

"If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party," he said. "Without complete immunity, a President of the United States would not be able to properly function!"

The Trump campaign spokesperson added: "Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution."

Special counsel Jack Smith initially indicted Trump on Aug. 1, 2023.

In the case, Trump claimed both that he had presidential immunity and that the case violated a double jeopardy clause, as he was impeached by the U.S. House of Representatives over his alleged involvement. He was later acquitted after the U.S. Senate did not vote to convict him of the charge.

The two defenses were among four arguments Trump's legal team pursued in arguing the court should reject the case.

In Dec. 2023, U.S. District Judge Tanya Chutkan, who is presiding over the case, rejected Trump’s arguments, saying the office of the president "does not confer a lifelong ‘get-out-of-jail-free’ pass."

In the federal appeals court's Tuesday ruling, it mentioned Trump's impeachment case but similarly rejected these claims of immunity and double jeopardy.

It concluded that "concerns of public policy, especially as illuminated by our history and the structure of our government," as argued by the prosecution, compel "the rejection of his claim of immunity in this case."

And, it wrote: "We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly ‘official’ action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution. Finally, we are unpersuaded by his argument that this prosecution is barred by ‘double jeopardy principles.’ Accordingly, the order of the district court is AFFIRMED," it wrote.

Fox News contributor Jonathan Turley said the outcome is not particularly surprising to legal experts but that it could impact or expedite the legal schedule for Trump, who continues to seek re-election. 

The former president is expected to appeal the decision, putting his case — the first of its kind — before the country's highest court.

Trump has up to 90 days to appeal the decision to the U.S. Supreme Court.

The trial date carries enormous political ramifications and Trump hopes an eventual decision will be delayed until after the November election. 

Should that happen and if Trump defeats President Biden, he could presumably try to use his position as head of the executive branch to dismiss the case. He could also potentially seek a pardon for himself, although such a situation has no precedent.

After Chutkan's decision in Dec., Trump’s lawyers appealed to the D.C. appeals court.

At the same time, Smith asked the Supreme Court last month to weigh in first, hoping it would take up the matter quickly and issue a speedy ruling.

The Supreme Court appeared to signal that it preferred to stay out of the process when it rejected the request.

Fox News' Paul Steinhauser, Jake Gibson, and The Associated Press contributed to this report.

Supreme Court prepares hearing on Trump removal from Colorado ballot

The U.S. Supreme Court will soon debate whether former President Donald Trump should be removed from Colorado's primary ballot, the first of what could be several legal challenges by Trump to confront the nine justices.

At issue is whether Trump committed "insurrection" by inciting a crowd to storm the U.S. Capitol Jan. 6, 2021, and whether that would make him constitutionally ineligible to be re-elected president. That, in turn, could block him from appearing on a state primary ballot as a candidate for that office.

Oral arguments are scheduled for Thursday at 10 a.m. ET, and an expedited ruling could come within days or weeks.

The issues have never been tested at the nation's highest court and are framed as both a constitutional and political fight with enormous stakes for public confidence in the judicial system and the already divisive electoral process.

TRUMP ASKS SUPREME COURT TO KEEP NAME ON COLORADO BALLOT

The 14th Amendment, Section 3 of the Constitution states, "No person shall… hold any office… under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

Colorado's highest court in December ruled that clause covers Trump's conduct on Jan. 6, 2021, and therefore does apply to a president despite not being explicitly indicated in the text. 

"President Trump is disqualified from holding the office of president," the state court wrote in an unsigned opinion. "Because he is disqualified, it would be a wrongful act under the election code for the secretary to list him as a candidate on the presidential primary ballot."

SUPREME COURT TO DECIDE IF TRUMP BANNED FROM COLORADO BALLOT IN HISTORIC CASE

The issue could turn on whether the high court interprets "officer of the United States" to apply to a president's conduct in office.

Trump's legal team in its merits brief said, "The [Supreme] Court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado's lead and exclude the likely Republican presidential nominee from their ballots."

The Constitution treats the presidency separately from other federal officers, Trump's team argued.

"The president swears a different oath set forth in Article II, in which he promises to 'preserve, protect, and defend the Constitution of the United States' — and in which the word 'support' is nowhere to be found," like it appears in Section 3, Trump's team wrote.

But lawyers for the Colorado voters challenging Trump's eligibility said in response, "The thrust of Trump's position is less legal than it is political. He not-so-subtly threatens 'bedlam' if he is not on the ballot. But we already saw the 'bedlam' Trump unleashed when he was on the ballot and lost. Section 3 is designed precisely to avoid giving oath-breaking insurrectionists like Trump the power to unleash such mayhem again.

"Nobody, not even a former President, is above the law," the brief added, comparing Trump to a "mob boss."

Also at issue:

TRUMP BACKED BY 27 STATES IN SUPREME COURT FIGHT, WHO WARN OF 2024 'CHAOS' IF HE'S REMOVED FROM BALLOT

– Whether state courts or elected state officials can unilaterally enforce constitutional provisions and declare candidates ineligible for federal office — so-called "self-executing" authority — or is that exclusively the jurisdiction of the U.S. Congress. Also, whether Trump can be disqualified without a thorough fact-finding or criminal trial.

– Whether this issue is a purely "political" one that voters should ultimately decide.

– Whether the U.S. Senate's acquittal at his impeachment trial over Jan. 6 makes him therefore eligible to seek re-election.

– And whether Section 3 prohibits individuals only from "holding" office, not from "seeking or winning" election to office.

More than a dozen states have pending legal challenges over Trump's ballot eligibility.

At least 16 state courts and secretaries of state have already concluded his name can appear on the ballot. Colorado and Maine are the only two so far to keep his name off.

Other states are saying stay tuned. The Oregon Supreme Court earlier this year dismissed a related lawsuit but told a coalition of voters that, based on what the U.S. Supreme Court decides, they can refile again.

In conducting what are expected to be lengthy and contentious oral arguments, the justices will likely be forced to revisit the events of Jan. 6 and the pivotal speech Trump gave to supporters just before Congress was to certify the Electoral College ballots.

Trump has repeatedly claimed he was not trying to incite violence and that his speech was protected by First Amendment guarantees, especially pertinent as the top federal office holder.

The storming of the U.S. Capitol left 140 law enforcement officers injured, and lawmakers and Vice President Pence fled a mob that breached the building.

The Colorado decision has been on pause pending the U.S. Supreme Court's final ruling.

MAINE'S TOP COURT WON'T RULE ON TRUMP BALLOT ELIGIBILITY UNTIL SUPREME COURT DECISION IN COLORADO

The state's 2024 presidential primary ballot with Trump's name on the Republican ballot has already been certified by the Colorado secretary of state.

But if Trump is ultimately declared ineligible for public office before the state's March 5 primary, any votes cast in his favor would be nullified.

The Supreme Court has traditionally been reluctant to get involved in overtly political disputes, especially involving elections.

The partisan blowback over the 2000 ruling in Bush v. Gore still resonates, creating the impression among the public that many of the justices harbor partisan political intentions.

"Sometimes the Supreme Court has no choice but to be involved in the election cases because that is an area where, unlike most, the Supreme Court doesn't even have discretion over whether it takes the case," said Brianne Gorod, chief counsel at the Constitutional Accountability Center. 

"There are some voting rights and election cases that the Supreme Court is required to resolve on the merits."

It is important to note the legal debate over "insurrection" comes to the Supreme Court on a ballot eligibility question.

Special counsel Jack Smith is separately prosecuting Trump for alleged election interference leading up to the Jan. 6 riot, but the former president is not charged specifically with "insurrection" or "rebellion." The four charges he faces relate to conspiracy and obstruction. Some legal scholars have pointed out Section 3 does not require a criminal conviction to take effect.

The Supreme Court could soon be asked to decide an important component of Smith's federal case — whether Trump has "absolute immunity" for alleged crimes committed in office.

A federal appeals court is considering the question, and the issue could soon reach the high court on an expedited basis. 

Trump's criminal trial was scheduled for March 4, 2024, but it is likely any Supreme Court consideration of the issues would force a delay, perhaps past the November election.

The former president also faces a state criminal prosecution for alleged election interference in Georgia; a federal criminal prosecution in Florida for alleged mishandling of classified documents that is also led by the special counsel; and a New York state criminal case over allegedly falsifying business records for hush money payments to a porn star. 

And there are various civil claims against Trump, from lawsuits: by U.S. Capitol police officers over Jan. 6; alleged fraud involving various Trump-related businesses; and an $83 million defamation judgment stemming from an alleged sexual assault.

It is unclear if any of these cases will eventually reach the U.S. Supreme Court on appeal on the merits. Some may not be considered for years.

In the short term, any further petition with the name "Trump" on the cover could severely strain public confidence in a judicial institution designed to hover above partisan politics.

"I don't think that the court really follows the political calendar," said Thomas Dupree, a former top Justice Department attorney in the George W. Bush administration. "I think they're aware of the fact, obviously, that we're in an election year, but I don't think the fact that we're in an election year is going to be driving the outcomes of any of these decisions."

The ballot case is Trump v. Anderson (23-719).

Media meltdown: Why journalism is battered and bleeding

Let’s start with the good news.

With a flick of a finger, more information is instantaneously available than at any time in human history. Stories, columns, opinions, video, photos, music, movies, texts, social media, streaming, podcasts. There are more ways to consume–desktop, phone, tablet, smartwatch–and infinitely more ways to voice your views.

Okay, enough of that.

The news business is in a tailspin. Firings and layoffs and buyouts are decimating its ranks. Publications and websites are folding. Revenue is plunging. Credibility is at an all-time low. And AI is starting to gobble up jobs.

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Worst of all, after the pandemic, scandals and impeachments, economic anxiety and political gridlock, interest in news is declining.

In L.A. they’re always worried about the Big One. For media people it feels like the earthquake has already struck.

The billionaire owner of the once-mighty Los Angeles Times, Patrick Soon-Shiong, has fired the editor and more than 20 percent of its staff, devastating the Washington bureau and several key units. The billionaire owner of the Washington Post, Jeff Bezos, has given buyouts to 240 staffers, decimating the metro staff and losing many of the paper’s biggest names.

If newspapers aren’t owned by these wealthy moguls, they’re increasingly controlled by hedge funds whose strip-mining tactics have reduced them to a skeleton of their former selves.

From Vice to Vox, from Time (15 percent laid off) to Business Insider (8 percent), from Sports Illustrated (blown up) to BuzzFeed News (shuttered), the carnage is everywhere.

And just yesterday, the Messenger, a news and aggregation site launched by Jimmy Finkelstein, former owner of the Hill, shut down after less than a year, having lost $38 million and some staffers lured from top publications.

CNN just had a major round of layoffs. Cable news audiences are aging, and cord-cutting is growing in popularity. 

It’s not just that the voracious Internet broke the business model; that happened a quarter-century ago. It’s that there seems to be no end in sight. 

"Journalists across the country burst into flames of panic this week, as bad news for the news business crested and erupted everywhere all at once," writes Jack Shafer in Politico.

The impact is greatest on local reporting, with far fewer folks to check up on their city halls and statehouses, especially in smaller markets.

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"No matter how many heroic nonprofit newsrooms like the Baltimore Banner and Daily Memphian take root, no matter how many Substack-like newsletters blossom or creators emerge to drop their videos on YouTube, you can’t deny the journalism business’ decline," Shafer writes.

What’s remarkable to me is how many of these pieces, and there have been many, overlook the importance of political bias. Republicans have been complaining about a liberal tilt since I began to read newspapers. Now, in the Trump era, half the country believes the media have become the opposition party, determined to block their man from returning to the White House. But during the Biden presidency, a growing percentage of those on the left have lost trust in the business as well.

You have Red and Blue America, each filled with anger, each side viewing the other as evil and dangerous, with the press having forfeited its standing as a neutral arbiter of facts. 

"What makes this so unnerving," says the Atlantic, "is the fact that the meltdown has come amid—and in seeming defiance of—a generally booming economy. The ranks of professional journalists keep declining even as overall unemployment stays low, incomes rise, and the stock market reaches new heights." 

The author, Paul Farhi, a longtime media reporter for the Washington Post, just took the paper’s buyout.

"What’s more, a presidential-election cycle tends to produce a surge of readers, viewers, and advertisers as people pay closer attention to the news. Not this time, at least so far."

Beyond news fatigue, Farhi notes, "Facebook has steadily reduced the amount of news that users see in their feed, wiping out a major source of traffic." I’d add that Google has gobbled some of that revenue as well.

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There are obviously exceptions. The New York Times, Wall Street Journal and Boston Globe are strong franchises. Fox News exceeds the prime-time ratings of CNN and MSNBC combined. But even television networks feel compelled to pour money into online shows and pay sites.

"Will journalism become a hobby like scrapbooking or street busking, done on the cheap or for donations, but one without much of a career path?" Politico asks.

I’m more pessimistic than I’ve ever been, and there’s no easy solution. Some say government subsidies are needed, but that raises serious conflict questions. And if zillionaires can’t revive newspapers and magazines, what hope is there for ordinary companies and local owners?

I do think that just as television didn’t wipe out radio, journalism will have to morph into new and more compelling forms to survive. Who would have thought even three years ago that everyone and their brother-in-law would have a podcast?

But people are willing to pay monthly fees for Netflix, Amazon Prime, Apple TV and the like, though they are going through a belt-tightening wave as well, with Spotify having just axed 17 percent of its staff. 

If news outlets can’t convince most of the public that their product is worth buying, they bear the ultimate blame.

Trump swipes at Biden’s demand for legislation to secure the border: ‘I didn’t have a bill’

Former President Trump took an apparent swipe at President Biden amid White House calls for a border security deal that he "didn’t have a bill" when his administration had "the most secure border in history."

Trump’s comments Wednesday came after Biden earlier this week claimed he had done everything he could do to secure the U.S. border.

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Biden told reporters as he was departing the White House Tuesday that "I've done all I can do. Just give me the power." 

"I asked them the very day I got into office," Biden said. "Give me the Border Patrol. Give me the judges. Give me the people who can stop this." 

Trump, the 2024 GOP frontrunner, appeared to contradict Biden’s claim and urged Republicans to avoid entering the border deal, which is still being negotiated in the Senate.

"There’s never been a border like this ever in the world," Trump said, adding that a "bad border deal would be worse than no deal at all."

"You don’t need a deal to tighten up the border to make it secure," he continued. "I had the most secure border in history. I didn’t have a deal. I didn't have a bill.

"I said no people are coming in, no drugs are coming, and we don’t want to have human trafficking, which nobody even talks about. That is the No. 1."

Trump added: "You have the right to close up your border… You don’t need bills."

Trump went on to say the individuals illegally crossing are individuals U.S. officials know nothing about.

"Right now, we have no idea who these people are that are pouring into our countries," Trump said. "Last night I watched where they're beating a police in New York City, a gang of people that just came in that didn't speak English. Nobody knows who they are, where they come from. And very importantly, they come from, I can tell you they come from jails and prisons. They come from mental institutions and insane asylums."

He added: "And they're terrorists. They have a lot of terrorists coming too, and we don't want them. I'm sorry, you know, we had a very strong border."

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President Biden has requested $14 billion in funding for the border as part of its supplemental funding request to Congress, which also includes aid to Ukraine and Israel. The request is being negotiated in Congress after Republicans demanded more limits on asylum and migrant releases into the interior.

Biden has urged Congress to pass the deal, but House Republicans and some conservatives in the Senate have said the reported proposals do not go far enough.

The Biden administration has said it has been expanding "lawful pathways" for migrants while increasing consequences for illegal entry into the U.S. since the ending of Title 42 expulsions in May last year. It has pointed to more than 500,000 removals since May, as well as increased cooperation with Mexico to crack down on human smugglers and fentanyl trafficking. 

The administration also says it has been increasing removal flights — including directly to Venezuela. However, it has stressed that it needs more funding and comprehensive immigration reform to fix what it says is a "broken" system. 

Migrant numbers officially hit 302,000 in December, a new record, after 2.4 million encounters in FY23. Republicans have said that large releases into the interior and a rolling back of Trump-era policies have fueled the crisis and have accused Homeland Security Secretary Alejandro Mayorkas of a "dereliction of duty" in his handling of it.  

The House Homeland Security Committee on Tuesday approved, along party lines, two articles of impeachment against Mayorkas — teeing up a floor vote as early as next week to impeach the embattled Biden official.

RNC to convene privately, resolution to call Donald Trump the ‘presumptive nominee’ removed

The Republican National Committee is meeting behind closed doors this week as some allies of Donald Trump had hoped to put the group's stamp on the former president early in the 2024 GOP presidential nominating campaign.

But a proposed resolution to declare Trump the presumptive nominee has been removed from the agenda before the committee is scheduled to meet in Las Vegas this week, party officials said.

The reversal comes as the first two early-state contests have winnowed the Republican campaign down to two major candidates, with Trump as the heavy favorite and former U.N. Ambassador Nikki Haley vowing to continue her uphill challenge.

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What was expected to be an uneventful RNC winter meeting in Las Vegas this week briefly gained heightened attention last week after the resolution, introduced by Maryland Committeeman David Bossie, to name Trump the presumptive nominee became public.

Bossie was Trump's deputy campaign manager in 2016 and advised his team when Congress pursued a second impeachment after the Jan. 6, 2021, riot at the U.S. Capitol.

Within hours of the resolution's leak, Trump batted down the proposal, which some members of the committee criticized publicly as premature.

"While they have far more votes than necessary to do it, I feel, for the sake of PARTY UNITY, that they should NOT go forward with this plan," Trump posted on his social media platform Truth Social.

There is no formal RNC rule barring the party from declaring a presumptive nominee. And there is precedent for such a move. In 2016, then-RNC Chairman Reince Priebus declared Trump the presumptive nominee after the Indiana primary, though that was in May and Trump had battled Texas Sen. Ted Cruz for three months since Cruz finished first in the leadoff Iowa caucuses ahead of second-place Trump.

The Associated Press only uses the term once a candidate has captured the number of delegates needed to win a majority vote at the national party conventions this summer.

That point won’t come until after more states have voted. For both Republicans and Democrats, the earliest it could happen is March.

Republican National Committee Chair Ronna McDaniel suggested last week that Haley had no path to the nomination in light of Trump's majority vote totals in the Jan. 15 Iowa caucuses and the Jan. 23 New Hampshire primary.

"We need to unite around our eventual nominee, which is going to be Donald Trump, and we need to make sure we beat Joe Biden," McDaniel said in a Fox News interview the night of the New Hampshire primary.

Haley said Sunday during an appearance on NBC's "Meet the Press" that the RNC was "clearly not" an honest broker "if you're going to go and basically tell the American people that you're going to go and decide who the nominee is after only two states have voted."

"The American people want to have their say in who is going to be their nominee," she said. "We need to give them that. I mean, you can’t do that based on just two states."