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Column: Trump is dangerously unfit for office. But leave him on the ballot so voters can give him the boot

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Column: Trump is dangerously unfit for office. But leave him on the ballot so voters can give him the boot

Even a despicable menace like Donald Trump deserves a fair shake. He shouldn’t be punished before being convicted.

In America, everyone’s innocent until proved guilty, right? At least that’s what was drummed into me growing up.

Many people — mainly Democrats and left-leaners — want to deny Trump access to presidential primary ballots under Section 3 of the 14th Amendment.

Written right after the Civil War, Section 3 decrees that “no person shall … hold any office, civil or military, under the United States or under any state” who took an oath “to support the Constitution” and “engaged in insurrection or rebellion” or gave “aid or comfort to the enemies.”

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That made perfect sense. If you fought to cripple the nation after pledging to protect it, once you’ve failed you shouldn’t be allowed to help lead the country.

Now there’s the movement to prevent former President Trump from running again for the Oval Office because he allegedly inspired — ”engaged in” — insurrection by armed thugs and wackos. After Trump’s pep talk, they stormed the nation’s Capitol on Jan. 6, 2021, and tried to prevent Congress’ certification of President Biden’s election victory over the sour loser who lied about massive voter fraud.

Give credit to Gov. Gavin Newsom and Secretary of State Shirley Weber, California’s top election official. These two liberal Democrats haven’t joined the chorus to deny Trump ballot access. They want nothing to do with it.

“There is no doubt that Donald Trump is a threat to our liberties and even to our democracy, but in California we defeat candidates we don’t like at the polls,” Newsom said in his only public comment on the matter. “Everything else is a political distraction.”

Weber put Trump on California’s March 5 Republican primary ballot despite pressure from Democratic Lt. Gov. Eleni Kounalakis to boot him.

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“I must place the sanctity of these elections above partisan politics,” Weber said in a statement.

“While we can agree that the attack on the Capitol and the former president’s conduct was abhorrent, there are complex legal issues surrounding this matter.“

She added that Trump’s conduct “tainted and continues to sow the public’s mistrust in government and the legitimacy of elections, so it is more critical than ever to safeguard elections in a way that transcends political divisions.”

California Secretary of State Shirley Weber.

(Rich Pedroncelli / Associated Press)

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In my view, the nation — and certainly democracy — would be a lot better off if Trump were never allowed anywhere near power again. He’s dangerously divisive, shamelessly immoral and a terrible role model for the nation’s youth. At 77, the Republican front-runner may even be slipping in the head, yakking about becoming dictator for a day, taking revenge on opponents and mimicking Hitler rhetoric.

OK, but Trump has not been convicted of insurrection. No prosecutor has even charged him with that, although he has been indicted on nearly 100 other criminal counts.

Where’s the due process that’s guaranteed by the Constitution? The right to a jury trial? To cross-examine prosecution witnesses? And what’s an “insurrection” anyway? We’d better have a solid definition before denying someone public office because he “engaged” in it.

But I’m just rambling on like the non-lawyer layman that I am, reflecting — I suspect — similar attitudes among numerous citizens.

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I contacted some legal scholars and asked where I was off base. They obliged.

All of them told me that no conviction on an insurrection charge is apparently necessary to kick Trump off state ballots.

“There is nothing in Section 3 of the 14th Amendment that requires a conviction,” said Erwin Chemerinsky, dean of the UC Berkeley School of Law.

“I don’t read Section 3 as requiring that anyone be convicted,” said Jessica Levinson, who specializes in election law at Loyola Law School.

Denying someone ballot access “is not a criminal punishment,” UCLA election law professor Richard Hasen said. “It’s not going to jail. It’s not paying a fine. It’s not being denied a right.”

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Running for office is not a “right,” I was told by the professors. It’s a “privilege.”

“That said,” Hasen added, “there’s a due process question.”

Colorado’s Supreme Court kicked Trump off the primary ballot, ruling that he engaged in insurrection. First there was a five-day administrative hearing that the court said sufficed for due process. Trump disagreed and is appealing to the U.S. Supreme Court. But Maine’s secretary of state removed Trump from the ballot on her own.

Trump deserves some due process, Hasen said.

“There are two separate questions,” the professor said. “Was he participating in an insurrection? How do we know?”

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Exactly.

Who gets to decide?

The U.S. Senate should have solved the Trump mess after the Capitol mob attack. The House impeached him for inciting an insurrection. But too many Republicans cowered on a Senate vote to convict. The vote fell 10 short of the two-thirds needed. A conviction would have barred Trump from ever holding office again.

Weber told me she concluded it was outside her authority to keep Trump off California’s ballot. And if she did, the secretary of state added, “it would feed those folks” who already believe elections are rigged against Trump. “It would just stoke the fire.”

Does she personally believe Trump’s an insurrectionist? “Oh, yeah,” she answered. “He’s telling people to fight and all of a sudden they’re climbing over walls at the Capitol, breaking in and going after the vice president? Is this insurrection? Oh my God! ….

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“I hope and pray the Supreme Court takes up the issue and gives us a good definition of insurrection so people know exactly what it is, and whatever the outcome we’re not in a state of confusion.”

The court announced on Friday it will soon hear the case.

Yes, the best solution for democracy would be for the Supreme Court to deny Trump the right to serve again in public office. But that’s probably asking too much of this conservative outfit that includes three justices Trump appointed.

Short of that, we need to trust the democratic process to legitimately deny this guy another power grab. Let the voters find him guilty.

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Playing catchup to Republicans, Democrats launch ‘largest-ever’ partisan national voter registration campaign

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Playing catchup to Republicans, Democrats launch ‘largest-ever’ partisan national voter registration campaign

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Acknowledging that “we’ve been getting our butts kicked for years now by the Republicans on voter registration,” Democratic National Committee (DNC) Chair Ken Martin on Tuesday announced the DNC will spend millions of dollars to get “back in the game.”

Martin said that the newly created “When We Count” initiative, which he described as the party’s “largest ever voter registration effort … will train hundreds of fellows throughout the country to register tens of thousands of new voters in communities across the country.”

The announcement by the DNC, in what Martin called an “all hands on deck moment,” comes in the wake of massive voter registration gains by Republicans in recent years and ahead of November’s midterms, when Democrats aim to win back majorities in the House and Senate and a whopping 36 states hold elections for governor.

“For too long, Democrats have ceded ground to Republicans on registering voters,” Martin pointed out. “Between 2020 and ’24 alone, our party lost a combined 2.1 million registered voters. Meanwhile, Republicans gained 2.4 million voters.”

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GOP OVERTAKES DEMOCRATS ON VOTER ROLLS IN KEY SWING STATE AFTER YEARS OF DEM DOMINANCE

Democratic National Committee chair Ken Martin addresses party members at the DNC’s summer meeting, on Aug. 25, 2025, in Minneapolis, Minnesota. (Paul Steinhauser/Fox News)

The latest example is North Carolina, where new State Board of Elections data indicated that Republicans officially surpassed Democrats in voter registration for the first time in the crucial southeastern battleground state’s history.

Martin said a key reason for the Democrats’ deficit is that “Republicans have invested heavily in targeted partisan registration” to mobilize and grow their base of voters.

TRUMP TOUTS NEW INFLATION NUMBERS AS AFFORDABILITY ISSUE FRONT AND CENTER AHEAD OF MIDTERMS

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But he lamented that “on the left” voter registration for decades has largely been led by nonpartisan advocacy organizations and civic “which limits their ability to engage in partisan conversations about registering as a Democrat.”

Martin said the new effort “is going to require everyone,” including the national, state and local parties, as well as outside groups and political campaigns, “participating in this critical work.”

Pointing to the sweeping ballot box successes by President Donald Trump and the GOP in the 2024 elections, when Republicans won back the White House and Senate and held onto their House majority, Martin said “we can’t just assume that certain demographics, whether they be young voters, voters of color or otherwise, will automatically support the Democratic Party. We have to earn every registration so that we can earn every vote.”

The DNC’s seven-figure initiative, which Martin said would kick off in the western battleground states of Arizona and Nevada, “puts our national party and local parties back in the game. When we count, we’ll begin to chip away at the Republican advantage as we prepare to organize everywhere and win everywhere in 2026.”

The Democratic National Committee announced on Tuesday it will spend millions to shift its voter registration strategy ahead of the 2026 midterm elections. (Melissa Sue Gerrits/Getty Images)

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The DNC, as it ramps up to this year’s midterm elections, also faces a formidable fundraising deficit compared to the rival Republican National Committee (RNC).

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RNC Communications Director Zach Parkinson, pointing to the DNC’s campaign cash problems, charged in a statement to Fox News Digital that “Ken Martin has driven the DNC into debt, overseen anemic fundraising.”

“We at the RNC think he’s the perfect person to oversee Democrats voter registration efforts,” Parkinson added, in a shot at the DNC chair.

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House Democrats challenge new Homeland Security order limiting lawmaker visits to immigration facilities

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House Democrats challenge new Homeland Security order limiting lawmaker visits to immigration facilities

Twelve House Democrats who last year sued the Trump administration over a policy limiting congressional oversight of immigrant detention facilities returned to federal court Monday to challenge a second, new policy imposing further limits on such unannounced visits.

In December, those members of Congress won their lawsuit challenging a Department of Homeland Security policy from June that required a week’s notice from lawmakers before an oversight visit. Now they’re accusing Homeland Security of having “secretly reimposed” the requirement last week.

In a Jan. 8 memorandum, Homeland Security Secretary Kristi Noem wrote that “Facility visit requests must be made a minimum of seven (7) calendar days in advance. Any requests to shorten that time must be approved by me.”

The lawmakers who challenged the policies are led by Rep. Joe Neguse (D-Colo.) and include five members from California: Reps. Robert Garcia (D-Long Beach), Lou Correa (D-Santa Ana), Jimmy Gomez (D-Los Angeles), Raul Ruiz (D-Indio) and Norma Torres (D-Pomona).

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Last summer, as immigration raids spread through Los Angeles and other parts of Southern California, many Democrats including those named in the lawsuit were denied entry to local detention facilities. Before then, unannounced inspections had been a common, long-standing practice under congressional oversight powers.

“The duplicate notice policy is a transparent attempt by DHS to again subvert Congress’s will…and this Court’s stay of DHS’s oversight visit policy,” the plaintiffs wrote in a federal court motion Monday requesting an emergency hearing.

On Saturday, three days after Renee Nicole Good was shot and killed by an Immigration and Customs Enforcement agent, three members of Congress from Minnesota attempted to conduct an oversight visit of an ICE facility near Minneapolis. They were denied access.

Afterward, lawyers for Homeland Security notified the lawmakers and the court of the new policy, according to the court filing.

In a joint statement, the plaintiffs wrote that “rather than complying with the law, the Department of Homeland Security is attempting to get around this order by re-imposing the same unlawful policy.”

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“This is unacceptable,” they said. “Oversight is a core responsibility of Members of Congress, and a constitutional duty we do not take lightly. It is not something the executive branch can turn on or off at will.”

Congress has stipulated in yearly appropriations packages since 2020 that funds may not be used to prevent a member of Congress “from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens.”

That language formed the basis of the decision last month by U.S. District Court Judge Jia Cobb in Washington, who found that lawmakers cannot be denied entry for visits “unless and until” the government could show that no appropriations money was being used to operate detention facilities.

In her policy memorandum, Noem wrote that funds from the One Big Beautiful Bill Act, which supplied roughly $170 billion toward immigration and border enforcement, are not subject to the limitations of the yearly appropriations law.

“ICE must ensure that this policy is implemented and enforced exclusively with money appropriated by OBBBA,” Noem said.

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Noem said the new policy is justified because unannounced visits pull ICE officers away from their normal duties. “Moreover, there is an increasing trend of replacing legitimate oversight activities with circus-like publicity stunts, all of which creates a chaotic environment with heightened emotions,” she wrote.

The lawmakers, in the court filing, argued it’s clear that the new policy violates the law.

“It is practically impossible that the development, promulgation, communication, and implementation of this policy has been, and will be, accomplished — as required — without using a single dollar of annually appropriated funds,” they wrote.

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Video: Minnesota and Illinois Sue Trump Administration Over ICE Deployments

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Video: Minnesota and Illinois Sue Trump Administration Over ICE Deployments

new video loaded: Minnesota and Illinois Sue Trump Administration Over ICE Deployments

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Minnesota and Illinois Sue Trump Administration Over ICE Deployments

Minnesota and Illinois filed federal lawsuits against the Trump administration, claiming that the deployment of immigration agents to the Minneapolis and Chicago areas violated states’ rights.

This is, in essence, a federal invasion of the Twin Cities and Minnesota, and it must stop. We ask the courts to end the D.H.S. unlawful behavior in our state. The intimidation, the threats, the violence. We ask the courts to end the tactics on our places of worship, our schools, our courts, our marketplaces, our hospitals and even funeral homes.

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Minnesota and Illinois filed federal lawsuits against the Trump administration, claiming that the deployment of immigration agents to the Minneapolis and Chicago areas violated states’ rights.

By Jackeline Luna

January 12, 2026

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