FALQs: South Korean Martial Law

Posted on by Taylor Gulatsi

The following is a guest post by Sayuri Umeda, a foreign law specialist who covers Japan and other countries in East and Southeast Asia in the Global Legal Research Directorate of the Law Library of Congress. Sayuri has previously authored numerous posts for In Custodia Legis, including Food Delivery in Japan – History and Current Regulation; Tradition vs Efficiency: ‘Hanko’ Affects Workplace Efficiency and Telework in Japan; The History of the Elimination of Leaded Gasoline; The Law Library’s New Report on Public Prosecution Reform in South Korea; Law Library’s New Report Reviews Foreign Ownership of Land Restriction in Major Economies; FALQs: The Conscription System of South Korea; and many more!

At 10:30 p.m. on December 3, 2024, South Korean President Yoon Suk Yeol declared emergency martial law for the first time in 40 years and lifted it at 2:30 a.m. on December 4, 2024, after the National Assembly voted to recommend its lifting to the president.

1. What is martial law?

South Korea’s Constitution (Constitution No. 10, Oct. 29, 1987) and the Martial Law Act (Act No. 3442, Apr. 17, 1981, as amended) do not define martial law. According to the Merriam-Webster dictionary, it is “the law administered by military forces that is invoked by a government in an emergency when civilian law enforcement agencies are unable to maintain public order and safety.” The constitution states “[w]hen it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law.” (Constitution, art. 77, para. 1.)

Korean laws provide two types of martial law: extraordinary martial law and precautionary martial law. (Constitution art. 77, para. 2; Martial Law Act, art. 2, para. 1.):

  • Emergency martial law is to fulfill military necessity or maintain public security and order when there are belligerents or serious disturbances of social order that considerably impede the performance of the administrative and judicial functions of the state in time of war, incident, or other equivalent national emergency.
  • Precautionary martial law is to maintain public security and order when the social order is so disturbed that civil administrative authorities cannot preserve public peace in times of war, incident, or another equivalent national emergency. (Martial Law Act, art. 2, para. 2, 3.)

Under extraordinary martial law, arrest and search without a warrant, and restriction of freedom of speech, the press, assembly, and association may be allowed. (Constitution, art. 77, para. 3.) In this case, President Yoon declared emergency martial law, “accusing the nation’s opposition of paralyzing the government with ‘anti-state activities plotting rebellion.’”

2. What is the procedure for declaring martial law?

Before the president declares martial law, he or she must deliberate the matter with the State Council. (Constitution, art. 89, item 5; Martial Law Act, art. 2, para. 5.) The State Council, usually referred to as the cabinet, consists of the president, the prime minister, and other ministers. (Constitution, art. 88, para. 2.) The prime minister is appointed by the president with the consent of the National Assembly. (Id. art. 86, para. 1.) The members of the State Council are appointed by the president on the recommendation of the prime minister. (Id. art. 87, para. 1.)

3. What power does the National Assembly have over the imposition of martial law?

When the president has proclaimed martial law, he or she must notify the National Assembly without delay. (Constitution, art.77, para. 4; Martial Law Act. art. 4, para. 1.) When the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the president must comply. (Constitution, art.77, para. 5.) In this case, the main opposition called in its lawmakers urgently to the National Assembly building after the martial law declaration. “Of the 300 members of parliament, 190 were present and all 190 voted in favor of a motion demanding the lifting of martial law.”

4. Is this the first time in South Korea that Martial law was used?

This is the first time in 44 years since the Gwangju Uprising in May 1980. An NPR article cites Professor Charles Kim’s statement that South Korea “saw authoritarian rule starting from its founding after gaining independence from Japanese colonialism all the way to the 1980s.” According to another article on the Asia Media Center website, “[m]artial law has been declared some 16 times in the country’s history, with the first instance being in August 1948 when the Korean Republic was established.”

5. What other countries have recently been under martial law or emergency law?

Ukraine has been under martial law since February 2022. Though it is not nationwide, Myanmar’s three townships of Shan State are currently under martial law. In 2022, Canada invoked the Emergencies Act “for the first time in Canada’s history to give the federal government temporary powers to handle … blockades and protests against pandemic restrictions.” It gave “police more tools to restore order in places where public assemblies constitute illegal and dangerous activities.” The emergency measures were applied in a limited area. Egypt was placed under a state of emergency in April 2017. It was suspended on October 25, 2021.

6. What is the procedure for impeachment of the President?

The first motion to impeach President Yoon over imposing martial law against the constitution failed on December 7, 2024, due to a lack of quorum. A motion for the impeachment of the president can “be proposed by a majority of the total members of the National Assembly and approved by two-thirds or more of the total members of the National Assembly.” (Constitution, art. 65, para. 2.)

The second motion was successful. The National Assembly voted on December 14, 2024, to impeach the president, suspending him from his duties. (Id. art. 65, para. 3.) Prime Minister Han Duck-soo immediately began his duties as the acting president. Next, the Constitutional Court will examine whether Yoon violated the Constitution and the Martial Law Act. (For further information on impeachment, see South Korea: President May Be Impeached.)

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Liz Cheney fires back after House GOP calls for her to be investigated

Posted on by Oliver Willis

House Republicans on Tuesday released a report recommending that former Rep. Liz Cheney face criminal charges for her role in the bipartisan Jan. 6 committee.

The interim report comes from the House Administration Subcommittee on Oversight chaired by Rep. Barry Loudermilk, who previously compared the 2019 impeachment of Donald Trump to the crucifixion of Jesus Christ.

The report alleges that the Jan. 6 committee was a “political weapon” against Trump and accuses Cheney of witness tampering. Loudermilk’s allegation revolves around the actions of former Trump administration aide Cassidy Hutchinson, who testified before the committee. Hutchinson said in her testimony that Trump was unconcerned that his supporters were carrying weapons on Jan. 6 and that he wanted to go to the Capitol on the day of the attack.

In the report, texts were revealed between Hutchinson and former Trump aide Alyssa Farah Griffin purportedly discussing a change of lawyers after her Trump-connected lawyer Stefan Passantino was accused of telling Hutchinson to omit damaging details about Trump’s behavior. The Loudermilk report alleges that through her relationship with Griffin, which she used as an intermediary, and her direct contact with Hutchinson, Cheney crossed a legal line.

Trump praised the report on his Truth Social account writing, “Liz Cheney could be in a lot of trouble based on the evidence obtained by the subcommittee.” He added, “Thank you to Congressman Barry Loudermilk on a job well done.”

Rep. Barry Loudermilk,

“Chairman Loudermilk’s ‘Interim Report’ intentionally disregards the truth and the Select Committee’s tremendous weight of evidence, and instead fabricates lies and defamatory allegations in an attempt to cover up what Donald Trump did,” Cheney said in a statement.

The Jan. 6 committee that investigated the attack released a report in December 2022 recommending several criminal charges against Trump for his actions. Trump was charged with election subversion, but special counsel Jack Smith dropped the case after Trump won the election.

The report comes less than two months after Cheney endorsed Vice President Kamala Harris for president and campaigned alongside her, citing the threat Trump represents to democracy. Recently, Sen. Bernie Sanders said President Joe Biden should consider a preemptive pardon of officials like Cheney involved in the Jan. 6 committee after Trump called for them to be jailed.

Democratic Sen. Chris Murphy criticized the Loudermilk report in a social media post, noting that with the nomination of Kash Patel to lead the FBI, Republicans are pursuing legal retribution against Trump detractors.

“Who will stand in the way of Cheney and others being put in jail? Not DOJ. Kash Patel was chosen to lead the FBI BECAUSE he wants to prosecute Trump's opponents,” Murphy wrote.

Patel is a longtime Trump fan who has previously said the legal system should be used to attack the press for reporting on Trump scandals.

At the same time the House report was released, Trump filed suit against pollster Ann Selzer and the Des Moines Register for releasing a poll showing him losing to Harris in Iowa. On multiple fronts, Trump is targeting people who dare to say anything negative about him.

Spate of health scares and violent threats highlight growing vulnerabilities for lawmakers on Capitol Hill

Posted on by Latest Political News on Fox News

Members of Congress are vulnerable. They’re not super men and women. They are of flesh and bone like anyone else.

A series of unconnected events in recent days spoke to the vulnerabilities of those who work on Capitol Hill as health scares impacted three well-known Congressional figures.

Senate Minority Leader Mitch McConnell, R-Ky., fell during the weekly Senate lunch last week. DC Fire and Rescue came to the Capitol to evaluate the GOP leader after he cut his face and sprained his wrist. He was spotted later wearing a brace on his arm which stretched across his hand and thumb. He was initially "cleared to resume his schedule." However, McConnell did not appear at the Capitol later in the week and his office said he was working from home. 

He suffered a concussion last year after falling at a hotel and was out for two months. McConnell also froze up at several news conferences – both in Washington and in Kentucky. He fell at his home in 2019, fracturing his shoulder.

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The 83-year-old McConnell leaves his position as the top Republican in the Senate in early January, but will remain in the chamber. McConnell is the longest-serving leader of either party in Senate history.

McConnell did not appear at what is presumably the final Senate GOP leadership news conference of the year Tuesday. He also didn’t attend a ceremony with the other top bipartisan, bicameral Congressional leaders to light the Capitol menorah for Hanukkah.

McConnell isn’t the only prominent lawmaker to stumble lately.

Former House Speaker Nancy Pelosi, D-Calif., was hospitalized in Germany after a tumble that resulted in her hip needing to be replaced. She was there with other lawmakers for the 80th anniversary of the Battle of the Bulge.

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"I was right next to her," said House Foreign Affairs Committee Chairman Michael McCaul, R-Texas. "She likes to wear high heels. Very high. She was on one of her last steps on this marble staircase that didn't have a railing, and she lost her footing and fell to the ground."

 McCaul later said he spoke to Pelosi on the phone.

 "She had a lot of energy. Very spunky," McCaul said of the former Speaker.

FORMER HOUSE SPEAKER NANCY PELOSI INJURED, HOSPITALIZED WHILE TRAVELING TO LUXEMBOURG

Retired Rear Admiral Barry Black isn’t a senator, but frankly, his commanding, rumbling bass is better known than the voice of many senators. Always sporting his signature bow tie, Black has served as Senate Chaplain since 2003. He suffered a subdural hematoma and bleeding on the brain last week and has been hospitalized.

"Chaplain Black is one of the most beloved individuals in the entire Senate. Every day we gavel into session, he is always here to start us off in prayer, delivered with his profound sense of wisdom, grace, and eloquence," said Senate Majority Leader Chuck Schumer, D-N.Y.

The only thing more resonant than Black’s powerful vocal instrument are his words. Black artfully weaves friendly, pastoral counsel into his daily intercessions. He prayed that senators "not permit fatigue or cynicism to jeopardize friendships" in 2019 ahead of the first impeachment trial of President-elect Trump.

During the 2013 government shutdown, Black gently chided senators who shuttered the government – even though U.S. Capitol Police remained on the job and were injured during a wild car chase and shootout which locked down the Congressional complex.

"Deliver us from the hypocrisy of attempting to sound reasonable while being unreasonable," prayed Black.

There’s not a lot which is reasonable on Capitol Hill, and perhaps the most unreasonable thing heard over the past week came from U.S. Capitol Police Chief Tom Manger.

MCCONNELL WARNS RFK JR. TO STEER CLEAR OF THE POLIO VACCINE

While the chief was just the messenger, Manger informed a Senate committee that his department recorded a staggering 700 individual threats of violence lodged against lawmakers in November alone. More horrifically, Manger said there were a record 55 "swatting" calls made against lawmakers at their homes.

"Swatting" is where someone phones in a fake distress call. Police then dispatch the "SWAT" team to the address, generally rattling the intended targets.

"It used to be that if you know when you went home, you might be able to relax a little bit while," Manger testified to the Senate Rules Committee. "Those days are gone."

Threats were called in on Thanksgiving Day to the entire Connecticut House and Senate delegation.

Some lawmakers face more problems than others.

"I'm sadly the record holder possibly for swatting calls," lamented Rep. Marjorie Taylor Greene, R-Ga.

And these faux threats sometimes result in utter calamity for innocent bystanders.

Rome, Ga., bomb squad member David Metroka was racing to join the rest of his team at Greene’s house when he crashed into a car driven by Tammie Pickelsimer. She later died at a hospital.

APPARENT SWATTING CALL AT REP. MARJORIE TAYLOR GREENE'S GEORGIA HOME LEADS TO DEADLY CAR ACCIDENT

In fact, the threat to Greene’s residence wasn’t even unfolding in real time. It was emailed to local police and wound up in a junk email folder. Officers found the message several days later and dispatched the bomb squad.

How do lawmakers protect themselves in such a supercharged environment?

"I'm a gun owner," said Greene. "It’s extremely important to be able to defend myself if need be."

Lawmakers have long faced threats. Some of the most tragic, chaotic moments in recent Congressional history have involved violence. January 6. The shooting of former Reps. Gabrielle Giffords, D-Ariz., and Ron Barber, D-Ariz. The Congressional baseball practice shooting, which nearly killed House Majority Leader Steve Scalise, R-La.

And then there is something else which spooked everyone who works on Capitol Hill, especially lawmakers who have been targeted before: A recent cold-blooded assassination in Midtown Manhattan.

"I find it troubling that there have been public figures who either have been silent or have come dangerously close to rationalizing the assassination of (UnitedHealthcare CEO) Brian Thompson," said Rep. Richie Torres, D-N.Y. "If we as a society accept the notion that political differences can be resolved by violence, then that's the end of our civilization."

 "I think the worst part of that is when you saw the reaction where people are supporting the murderer," added Rep. Michael Rulli, R-Ohio.

At some point, the threats may be too much for lawmakers.

"We're not here to put ourselves or our families in danger," said Rep. Becca Balint, D-Vt.

Rep. Adam Smith, D-Wash., has served in Congress since 1997.

"The level of contempt, the level of hatred has risen," said Smith. "When I arrived as a freshman, I would have never for a second thought that I was in any greater physical danger because I was a member of Congress than anybody else walking in the street."

 But that’s the reality of Congress.

 And everyone is vulnerable.

EXCLUSIVE: Republicans in key red state launch campaign to elect ‘true’ conservatives ahead of Trump return

Posted on by Latest Political News on Fox News

EXCLUSIVE – Ahead of President-elect Trump's inauguration, conservatives in the most populous red state in America are launching a new Texas Republican Leadership Fund (TRLF) to elect "true" conservatives to crucial leadership roles.

Despite being led by a strongly conservative Republican governor and having a commanding majority in the legislature, the last four Texas House speakers have been elected through the support of Democrats. The result has been Democrats exercising an outsized level of power and influence in the largest Republican state in the nation. An inside track with the Texas speaker also gives Democrats significant control over some of the most important issues affecting the nation, such as enforcement of Texas’ more than 1,250 miles of border.

Alex Fairly, the TRLF’s principal donor, told Fox News Digital it is time for that to change.

TRLF, which is officially registering with the Texas Ethics Commission Tuesday and launching with $20 million of initial funding, has the support of many of Texas’ most influential leaders who are intent on making the state the definitive leader in conservative politics.

ELON MUSK MOVES TO MAKE STARBASE, TEXAS, THE OFFICIAL ‘GATEWAY TO MARS’

While he hopes that all Republicans in the Texas House will stand with the caucus to elect a conservative leader, Fairly said the $20 million will be available for use in the primaries and upcoming 2026 general election to hold elected officials "accountable" if they side with a Democratic-backed speaker.

According to Fairly, Texas conservatives are fed up with lukewarm Republicans cutting backroom deals with Democrats in the state legislature. And as Trump prepares to return to the White House in January, he said it will be more important than ever for Texas to support the new administration’s agenda through strong conservative leadership at the state level.

"Texas leads the way on many of the biggest conservative issues," he said. "I don't think there's any question that having a Republican majority in the House… has a massive impact on what happens across the country and supporting President Trump and his agenda."

This comes amid an ongoing battle in the Texas legislature over who will be the next speaker of the House. The most recent speaker, Rep. Dade Phelan, who came to power in 2021, dropped out from consideration after facing intense criticism from Republicans for failing to pass key conservative priorities such as school choice and for his role in the unsuccessful impeachment effort against vocal Trump ally Texas Attorney General Ken Paxton.

TEXAS BLOCKS SCHOOL CHOICE AS OTHER REPUBLICAN-LED STATES GO ALL-IN

Now, the Texas House of Representatives is set to elect a new speaker on Jan. 14. There are two frontrunners: Phelan ally Rep. Dustin Burrows and Rep. David Cook, who is backed by more hardline conservatives.

After going to the Democratic side of the aisle to help him secure the necessary 76 votes to win the speakership, Burrows declared the race over.  

However, Burrows’ attempt to bargain with Democrats has caused outrage from many conservatives, even including Donald Trump Jr., who said the move was not in line with voters’ election night "mandate" to Republicans. 

"It’s unbelievable what is happening in Texas right now," he said on X. "There is a group of so-called Republicans cutting a deal with liberal Democrats to elect a speaker instead of uniting behind the Republican nominee, @DavidCookTexas! Unbelievable! Republicans have a mandate!"

LONGTIME DEMOCRAT TEXAS JUDGE SWITCHES PARTIES IN MONUMENTAL MOVE

Fairly, who is an entrepreneur and health care executive who has been a vocal supporter of school choice, says the race for the speakership is not set in stone. This time, he believes there is strong resolve among Texas Republicans to stop moderates from handing over control to the Democrats.

"In spite of the progress made in this past election cycle toward… conservative priorities, there may still be work to do in the next primary cycle," he said. "These funds will be available to help expand a true Republican majority."

"Democrats don't give their votes away for free, they want things in return," he went on. "So, we end up with a House that's not really run by the majority, it's co-run by Democrats and a minority of Republicans. It just puts Texas in just such a weak position to accomplish what we could if we really were led by a majority of Republicans."

"This time we're bringing this out into the light."  

Former FBI informant to plead guilty to lying about the Bidens

Posted on by Associated Press

A former FBI informant is set to plead guilty on Monday to lying about a phony bribery scheme involving President Joe Biden and his son Hunter that became central to the Republican impeachment inquiry in Congress.

Alexander Smirnov is expected to make the plea in Los Angeles to a felony charge in connection with the bogus story, along with a tax evasion charge stemming from a separate indictment accusing him of concealing millions of dollars of income, according to court papers.

Smirnov has been behind bars since his arrest in February on charges that he told his FBI handler that executives from the Ukrainian energy company Burisma had paid President Biden and Hunter Biden $5 million each around 2015.

Prosecutors and the defense have agreed to recommend a sentence of between four and six years in prison, according to the plea agreement.

Smirnov had been an informant for more than a decade when he made the explosive allegations about the Bidens in June 2020, after “expressing bias” about Joe Biden as a presidential candidate, prosecutors said.

But Smirnov had only routine business dealings with Burisma starting in 2017, according to court documents. An FBI field office investigated the allegations and recommended the case be closed in August 2020, according to charging documents.

No evidence has emerged that Joe Biden acted corruptly or accepted bribes as president or in his previous office as vice president.

While Smirnov’s identity wasn’t publicly known before the indictment, his claims played a major part in the Republican effort in Congress to investigate the president and his family, and helped spark a House impeachment inquiry into Biden. Before Smirnov's arrest, Republicans had demanded the FBI release the unredacted form documenting the unverified allegations, though they acknowledged they couldn’t confirm if they were true.

During a September 2023 conversation with investigators, Smirnov also claimed the Russians probably had recordings of Hunter Biden because a hotel in Ukraine’s capital where he had stayed was “wired” and under their control — information he said was passed along to him by four high-level Russian officials.

But Hunter Biden had never traveled to Ukraine, according to Smirnov's indictment.

Smirnov claimed to have contacts with Russian intelligence-affiliated officials, and told authorities after his arrest this year that “officials associated with Russian intelligence were involved in passing a story” about Hunter Biden.

The case against Smirnov was brought by special counsel David Weiss, who also prosecuted Hunter Biden on gun and tax charges. Hunter Biden was supposed to be sentenced this month after being convicted at a trial in the gun case and pleading guilty to federal charges in the tax case. But he was pardoned this month by his father, who said he believed “raw politics has infected this process and it led to a miscarriage of justice.”

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Trump allies turn up the heat on GOP Senate holdouts in nomination battles

Posted on by Latest Political News on Fox News

As President-elect Trump and his transition team steer his cabinet nominees through the landmines of the Senate confirmation process, top MAGA allies are joining the fight by putting pressure on GOP lawmakers who aren't fully on board.

"There will be no resource that we won’t use to go after those U.S. senators that vote against Donald Trump’s Cabinet picks or his other nominees," longtime Trump outside adviser Corey Lewandowski told Fox News this week.

Fueled by grassroots support for Trump and his nominees, the president-elect's political team and allies are cranking up the volume.

Exhibit A: Republican Sen. Joni Ernst of Iowa.

NEW POLLS REVEAL WHAT AMERICANS THINK OF THE TRUMP TRANSITION

Ernst, the first female combat veteran elected to the Senate, is considered a pivotal vote in the confirmation battle over Pete Hegseth, Trump's nominee for defense secretary.

Hegseth, an Army National Guard officer who deployed to the wars in Afghanistan and Iraq and who until last month was a longtime Fox News host, has been the focus of a slew of media reports spotlighting a series of drinking and sexual misconduct allegations, as well as a report alleging he mismanaged a veterans nonprofit organization that he once led.

FIRST ON FOX: HOUSE GOP MILITARY VETS ON NEW MISSION — BACKING HEGSETH

Hegseth has denied allegations that he mistreated women, but did reach a financial settlement with an accuser from a 2017 incident to avoid a lawsuit. He has vowed that he won't drink "a drop of alcohol" if confirmed as defense secretary.

Ernst, a member of the Armed Services Committee, which will hold Hegseth's confirmation hearings, took plenty of incoming fire after last week publicly expressing hesitance over Hegseth's nomination.

While Trump publicly praised Hegseth late last week, as the nomination appeared to be teetering, top allies of the president-elect took aim at Ernst, who is up for re-election in 2026 in red-state Iowa.

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Donald Trump Jr., the president-elect's oldest son and MAGA powerhouse, took to social media to target Ernst and other potentially wavering Republican senators.

"If you’re a GOP Senator who voted for Lloyd Austin [President Biden's defense secretary], but criticize @PeteHegseth, then maybe you’re in the wrong political party!" he posted.

Top MAGA ally Charlie Kirk quickly took aim at Ernst with talk of supporting a primary challenger to her.

"This is the red line. This is not a joke.… The funding is already being put together. Donors are calling like crazy. Primaries are going to be launched," said Kirk, an influential conservative activist and radio and TV host who co-founded and steers Turning Point USA.

Kirk, on his radio program, warned that "if you support the president’s agenda, you’re good. You’re marked safe from a primary. You go up against Pete Hegseth, the president, repeatedly, then don’t be surprised, Joni Ernst, if all of a sudden you have a primary challenge in Iowa."

Iowa Attorney General Brenna Bird, a top Trump supporter in last January's first-in-the-nation presidential caucuses, wrote a column on Breitbart urging Hegseth's confirmation.

While she didn't mention Ernst by name, Bird took aim at "D.C. politicians" who "think they can ignore the voices of their constituents and entertain smears from the same outlets that have pushed out lies for years."

HEAD HERE FOR THE LATEST FROM FOX NEWS ON THE TRUMP TRANSITION

And longtime Iowa-based conservative commentator and media personality Steve Deace took to social media and used his radio program to highlight that he would consider launching a primary challenge against Ernst.

Ernst, who stayed neutral in the Iowa caucuses before endorsing Trump later in the GOP presidential primary calendar, may have gotten the message.

After meeting earlier this week for a second time with Hegseth, Ernst said in a statement that her meeting was "encouraging" and that she would "support Pete through this process."

But Ernst's office told Fox News that "the senator has consistently followed the process, which she has said since the beginning, and doing her job as a United States senator."

It's not just Ernst who has faced the fire from Trump allies and MAGA world.

Sen. Bill Cassidy of Louisiana, one of four remaining GOP senators who voted in the 2021 Trump impeachment trial to convict him, is also up for re-election in 2026 in a reliably red state. Cassidy is now facing a formal primary challenge from Louisiana Treasurer John Fleming, a senior adviser in the first Trump administration.

Sen. Mike Rounds, another Republican up for re-election in two years in GOP-dominated South Dakota, has also been blasted by Kirk, as well as by top Trump ally and billionaire Elon Musk.

And staunch Trump supporter Sen. Tommy Tuberville of Alabama had a warning for Republican Senate colleagues who may oppose the president-elect's nominees.

"Republicans: If you’re not on the team, get out of the way," he told FOX Business.

Whether these early threats from Trump allies turn into actual primary challenges in the next midterm elections remains to be seen. And ousting a senator is no easy feat. It's been a dozen years since an incumbent senator was defeated during a primary challenge.

But Trump's team and allies are playing hardball in the wake of former Rep. Matt Gaetz, R-Fla., the president-elect's first attorney general nominee, ending his confirmation bid amid controversy.

There has been a full-court press by Trump's political orbit to bolster Hegseth — in order to protect him and some of the president-elect's other controversial Cabinet picks.

"If Trump world allowed a couple of establishment senators to veto a second nominee, it would have led to a feeding frenzy on Trump's other nominees, and so the thinking in Trump world was we have to defend Pete not just for the sake of defending Pete, but also for the sake of defending our other nominees," a longtime Trump world adviser, who asked to remain anonymous to speak more freely, told Fox News.

Fox News' Emma Colton, Cameron Cawthorne, Julia Johnson, Tyler Olson and Chad Pergram contributed to this report.

Republicans are totally cool with Trump pardoning Jan. 6 rioters

Posted on by Walter Einenkel

Republicans are sucking up to Donald Trump in the best way they know how: by being cowards. 

The convicted felon has promised that when he takes office in January, he will pardon Jan. 6 insurrectionists and called for lawmakers who investigated the attempted coup to be punished. And GOP senators and Congress members, most of whom were hunkered down in the Capitol on that terrible day, are lining up to roll over for him. 

“As we found from Hunter Biden, the president’s pardon authority is pretty extensive. That’s obviously a decision he’ll have to make,” incoming Senate Majority Leader John Thune told The Hill about Trump’s promised pardons.

While he plans to let the rioters off scot-free, Trump recently told “Meet the Press” host Kristen Welker that former Rep. Liz Cheney and other members of the Jan. 6 committee should “go to jail.” 

“I don’t have a comment really on those statements,” Thune said.

Thune’s timorous stance on pardoning the rioters was parroted by fellow Republican senators.

“We’ll see what he does. I mean it’s been four or five years [since the attack]. The ones that hurt cops, they’d be in a different category for me, but we’ll leave that up to him,” said South Carolina’s Lindsey Graham.

Trump has repeatedly made false claims that the Jan. 6 committee destroyed evidence that would exonerate him. He has also publicly fantasized about committee co-chair Cheney facing a firing squad, and House Republicans including Second Amendment apologist Tim Burchett of Tennessee seem fine with Trump’s interest in political witch hunts.

“If they broke the law, then they should [be imprisoned],” Burchett told The Bulwark. “Now we know that they’ve manipulated evidence, so—if that’s the case, then absolutely.” 

As always, some Republicans were eager to minimize Trump’s threats.

“It was my understanding that he backed off that statement in a subsequent interview,” said Maine Sen. Susan Collins. “So I don’t really think that there’s—since he’s backed off on it, I don’t think there’s really any need for me to comment on it.”

Other GOP leaders cheered Trump’s vendetta on—even if it means targeting their own colleagues.

“With politicians, if you’ve used a congressional committee and you’ve lied and tried to set people up and falsely imprisoned people, then you should be held accountable,” said Rep. James Comer, who is no stranger to using House committees and scant evidence to attack political opponents.

“I haven’t kept up with the January 6th stuff like other people,” Comer told The Bulwark. “I don’t know exactly what Trump was referring to. But I have two years of experience working with one of the January 6th committee members, and I can tell you he’s been nothing but completely dishonest,” Comer said, clearly referring to Democratic Rep. Jamie Raskin.

Every traitorous revelation from the Jan. 6 committee hearings was terrifying. The nearly 850-page final report by the House Select Committee to Investigate the January 6th Attack on the United States Capitol illuminating—and damning. 

Most voters oppose Trump’s plan to pardon convicted insurrectionists, but what most voters want has never been the Republican Party’s bag. 

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McConnell’s still whining about Trump—even though he voted for him

Posted on by Emily Singer

Outgoing Senate Republican Leader Mitch McConnell once again sat for an interview in which he crapped all over Donald Trump, warning that the president-elect’s foreign policy ideas pose a danger not only to the United States but to the whole world.

In an interview with the Financial Times, McConnell said Trump and the Republican Party's isolationist views are a threat, as “the cost of deterrence is considerably less than the cost of war."

“To most American voters, I think the simple answer is, ‘Let’s stay out of it.’ That was the argument made in the ’30s and that just won’t work,” McConnell told the Financial Times. “Thanks to [Ronald] Reagan, we know what does work—not just saying peace through strength, but demonstrating it.”

Yet in that very same interview, McConnell admitted that he voted for Trump anyway.

“I supported the ticket,” McConnell said, refusing to even utter Trump's name.

What’s more, McConnell declined to say whether he should have done more to stop Trump from becoming president for the second time. McConnell had the chance to prevent Trump from running for president again during the Senate impeachment trial over Trump’s actions on Jan. 6, 2021. McConnell voted to acquit Trump, even though he said Trump was responsible for the insurrection at the Capitol that sought to overturn the free and fair election of Joe Biden.

It's not the first time McConnell has spoken ill of Trump. In October, excerpts from a McConnell biography were released in which McConnell called Trump “stupid,” a “narcissist,” and a “despicable human being." 

Yet despite thinking Trump is an awful person, McConnell endorsed Trump's 2024 comeback as he made those same attacks against the leader of the Republican Party.

“It is abundantly clear that former President Trump has earned the requisite support of Republican voters to be our nominee for President of the United States. It should come as no surprise that as nominee, he will have my support," McConnell said in March.

But McConnell's hypocrisy is not a surprise. Earlier in December, McConnell accused federal judges of playing politics by reneging on their decisions to retire in order to prevent Trump from choosing their replacements. But McConnell wrote the book on playing politics with the courts, as he stole a Supreme Court seat from former President Barack Obama, as well as a number of other judicial seats on lower courts. 

He also blocked a bicameral commission to probe the Jan. 6 insurrection, even though he believed Trump was responsible for the riot that led to the assault of more than 140 law enforcement officers.

While McConnell won’t be part of Senate GOP leadership next year, he is sticking around Capitol Hill. He claimed to the Financial Times that without the constraints of being in leadership, he will now push back on Trump and his own party’s isolationist policies.

“No matter who got elected president, I think it was going to require significant pushback, yeah, and I intend to be one of the pushers,” McConnell said.

But given that he’s always capitulated to Trump, color us skeptical. 

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