Politics
Opinion: The Supreme Court seems likely to let Trump run. It will have to ignore the Constitution
Two seemingly contradictory impressions emerged from almost three hours of oral argument Thursday before the Supreme Court: The case for Donald Trump’s eligibility to be president again was quite weak, but the Supreme Court is likely to rule in his favor.
Based on the questions raised by the justices, it’s hard to imagine five of them agreeing with Colorado’s decision to prohibit Trump from running for president as an insurrectionist under the 14th Amendment.
The issue before the court is whether Trump is disqualified from the presidency by Section 3 of the amendment, which provides that no officeholder who “engaged in insurrection or rebellion against” the country “shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States.”
The oral argument focused primarily on three questions. First, does Section 3 require a statute passed by Congress to be enforced? Several of the justices indicated support for the view that the provision is not “self-executing” and can’t be enforced without a federal law. Justice Brett M. Kavanaugh, for example, said the “original public meaning” was that a statute is necessary to apply the section.
This argument is seriously flawed. To begin with, the provision doesn’t need a law to enforce it any more than the other constitutional presidential qualifications do, among them being at least 35 years old, a natural-born citizen and not having already served two terms.
In addition, the amendment clearly defines Congress’ role here: Its last sentence gives lawmakers the power to exempt an insurrectionist from the provision. But the amendment does not require congressional action to enforce the section.
Importantly, the Supreme Court in 1883 declared that the 14th Amendment is “undoubtedly self-executing without any ancillary legislation.” The primary authority to the contrary, relied on by Trump lawyer Jonathan Mitchell and invoked by Kavanaugh, is not a Supreme Court decision but an 1869 opinion by Chief Justice Salmon Chase for a lower appellate court. As Justice Sonia Sotomayor pointed out, Chase later reached the opposite conclusion, finding that no statute was required for disqualification and that Jefferson Davis, the president of the Confederacy, was clearly disqualified from serving as president of the United States.
A second question that featured prominently in the oral argument is whether Section 3 applies to the president of the United States or only to other federal offices. Despite being ideological opposites, Justices Neil M. Gorsuch and Ketanji Brown Jackson both focused on the section’s listing of several offices without mentioning the president.
The problem with this argument is that Section 3 also says “any office, civil or military.” The Constitution repeatedly refers to the president as an officer. As the Colorado Supreme Court explained, senators, representatives and electors are listed as members of elected bodies who are not considered officers under the Constitution. But the president is an officer of the United States included in the phrase “any office.”
The court’s conservatives pride themselves on adhering to the original meaning of the Constitution, and those who drafted and ratified the 14th Amendment unquestionably saw Section 3 as applying to the president. This was explicitly stated on the floor of the Senate.
Gorsuch also noted during the argument that Section 3 precludes insurrectionists only from being president, not from running for the office. But that is an absurd distinction that could lead to dealing with whether Trump is disqualified only after he is elected, a nightmare scenario.
The third question to occupy much of the argument is whether Trump in fact participated in an insurrection. Justice Samuel A. Alito Jr. questioned the evidence for that, while Kavanaugh noted that the former president hasn’t been convicted of insurrection. But a Colorado court held a five-day hearing on that question in which Trump could have testified, after which the judge concluded that he had indeed participated in an insurrection. And nothing in Section 3 or its history requires a criminal conviction.
Another pair from different ends of the court’s ideological spectrum, Justices Elena Kagan and Amy Coney Barrett, wondered whether one state court should be able to make such a determination. But every case must begin in one state. Ultimately, this is not a question of one state deciding so much as it is the United States Supreme Court looking at the facts and the law — as courts always do — and deciding whether Section 3 disqualifies Trump.
This case provides the court with an opportunity to show that it follows the law and the facts, not just the political preferences of the justices. My sense from the oral argument is that we will have reason to be disappointed once more on that score.
I hope I am wrong. If the court ignores the clear language and meaning of the 14th Amendment, it will be a loss for the Constitution and the country.
Erwin Chemerinsky is a contributing writer to Opinion and the dean of the UC Berkeley School of Law. His latest book is “Worse Than Nothing: The Dangerous Fallacy of Originalism.”
Politics
Video: Former Presidents Speak at Jesse Jackson’s Memorial
new video loaded: Former Presidents Speak at Jesse Jackson’s Memorial
transcript
transcript
Former Presidents Speak at Jesse Jackson’s Memorial
Barack Obama, Joseph R. Biden Jr. and Bill Clinton were among the dozens of speakers at a public memorial for the late Rev. Jesse Jackson in Chicago on Friday. The event celebrated the civil rights leader’s commitment to public service and racial justice.
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“It was because of that path that he had laid, because of his courage, his audacity, that two decades later a young Black senator from Chicago’s South Side would even be taken seriously as a candidate for the presidential nomination. The last time he and I had a chance to visit in person, he was already ailing. It was getting difficult for him to stand, difficult for him to speak. Figured we’d just have a low-key visit. Maybe he’d need some rest. And he starts coming up with this project and this initiative and issues I needed to look into.” “He used his gifts to influence generations, generations of Americans, and countless elected officials including presidents, as you see here today.” “We did not always agree, but I’ll tell you one thing. He made me a better president when I got in office. Because he was always pushing on things and he knew that change came from the outside in.” “In the movements for justice that have grown from the seeds that he tilled. Now, to the world, Jesse Jackson was an ambassador of hope for the oppressed who met with kings and queens and presidents and dictators and clergy of all the great religions. But here in Chicago, he was our neighbor.”
By Jorge Mitssunaga
March 6, 2026
Politics
Man convicted of Iran-backed Trump assassination plot compared his plan to Butler shooting: FBI
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A Pakistani man convicted Friday in federal court of plotting to assassinate President Donald Trump and other politicians told an FBI agent he thought Iran “was responsible” for the assassination attempt on Trump in Butler, Pennsylvania.
Asif Merchant, 47, told the FBI agent, Jacqueline Smith, that the incident “was the same thing he was sent here to do,” Smith testified during Merchant’s trial. Merchant told jurors the Islamic Revolutionary Guard Corps (IRGC) sent him on a “mission” to kill U.S. politicians, including by telling him to attend a Republican rally.
Merchant was arrested July 12, 2024, one day prior to the shooting in Butler, where Thomas Crooks fired several shots into a rally crowd, killing one and grazing Trump’s ear.
The FBI has said repeatedly it found no evidence that Crooks had co-conspirators or that any foreign actors were involved in the incident.
A sketch showing Asif Merchant, a Pakistani national with alleged ties to Iran, appearing in federal court in Brooklyn, N.Y., Wednesday, March 4, 2026. Merchant was on trial for charges related to a foiled 2024 plot to assassinate a high-profile U.S. politician, identified by defense and law enforcement sources as President Donald Trump. (Christine Cornell)
Merchant, who was found guilty on all charges Friday after fewer than two hours of deliberation, was convicted by a jury in Brooklyn, New York, of murder-for-hire and attempting to commit terrorism. He testified that Trump was not his only target, telling jurors then-President Joe Biden and former presidential candidate Nikki Haley were also on his list.
He claimed he only took part in the plot, which was foiled by the FBI before coming to fruition, because Iran’s IRGC warned it would target his family.
FORMER IRANIAN MINISTER PRAISES TRUMP ASSASSINATION FATWA AS DAUGHTER LIVES IN NEW YORK
“I had no other options,” Merchant said. “My family was threatened.”
Merchant now faces a maximum penalty of life in prison. His sentence will be determined at a later hearing.
Attorney General Pam Bondi said in a statement that Merchant “landed on American soil hoping to kill President Trump — instead, he was met with the might of American law enforcement.”
“The Department of Justice will remain ever-vigilant to protect Americans, prosecute terrorists, and halt acts of terrorism before they happen,” Bondi said.
This image provided by the Justice Department, contained in the complaint supporting the arrest warrant, shows Asif Merchant. (Justice Department via AP, File)
Merchant was arrested after he was recorded on camera outlining a plot on a napkin to kill a politician with a person who turned out to be an FBI informant. Federal prosecutors showed video during the trial of Merchant speaking to the informant. The prosecutors said Merchant also tried to hire two hit men and pay them $5,000, but the men turned out to be federal agents posing as assassins.
Smith, the FBI agent who met with Merchant after his arrest, said Merchant never conveyed that he feared for his family. Merchant said he wanted to do intelligence work and be paid for it, Smith said.
TRUMP DECLARES ‘I GOT HIM BEFORE HE GOT ME’ AFTER IRAN’S SUPREME LEADER KILLED IN STRIKE
Republican presidential candidate Donald Trump is whisked away by the Secret Service after shots rang out at a campaign rally at Butler Farm Show Inc. July 13, 2024, in Butler, Pa. (Jeff Swensen/Getty Images)
The FBI agent also said Merchant was told by an Iranian handler to attend a Republican political rally to scope out security. But Merchant was worried about being identified, so he watched the rally online instead.
Merchant’s defense team told jurors their client, who has two wives, was a family man and cared deeply about his faith and that he intentionally acted carelessly because he wanted to be caught.
In their closing arguments, defense lawyers said Merchant had his hand forced in the operation, thinking his family would be harmed if he did not cooperate. Additionally, the lawyers cited several instances in which Merchant’s actions as an intelligence operator were little more than incompetent.
Fox News’ Danielle Cavaliere, Brendan McDonald and Alexis McAdams contributed to this report.
Politics
Veteran Rep. Darrell Issa decides not to seek reelection in new Democratic-leaning district
Veteran Republican Rep. Darrell Issa announced Friday that he will not run for reelection in his newly configured congressional district in San Diego and Riverside counties.
“This decision has been on my mind for a while and I didn’t make it lightly,” Issa said in a statement, arguing that he would have won the 2026 race based on his campaign’s polling and his support from President Trump among others. “But after a quarter-century in Congress — and before that, a quarter-century in business — it’s the right time for a new chapter and new challenges.”
Issa called serving in Congress “the honor of my life,” and highlighted his work for constituents such as 100-year-old retired Navy fighter pilot Royce Williams, who was awarded a congressional medal of honor during Trump’s State of the Union address. “… every day my teams in Washington and California have worked to deliver for our constituents,” Issa said.
Issa, among the wealthiest members of Congress, began telling people earlier this week that he would retire from Congress, sources said.
He had an outsized impact on state and national politics, according to political experts and strategists, including funding the successful 2003 recall of Gov. Gray Davis, which ushered Arnold Schwarzenegger into office, and his work as the head of the powerful House Oversight and Government Reform Committee during high-profile investigations of the Obama administration.
“Darrell Issa was a constant and consequential presence in the Republican Party in California without ever being its most prominent leader,” said Thad Kousser, a political science professor at UC San Diego. “He’s the person probably most responsible for the recall of Gray Davis going forward, but then he got boxed out of the race when Arnold Schwarzenegger got in. He became one of the most prominent protagonists of Barack Obama. But that never elevated him to statewide prominence or statewide office in his own state.”
National and state Republicans lauded Issa.
“We are grateful for Congressman Darrell Issa’s decades of dedicated service to the people of California and our nation,” said Christian Martinez, the spokesman for the National Republican Congressional Committee. “Throughout his career, he has embodied the spirit of public service, championed our military, and fought tirelessly for a stronger America.”
Kevin Spillane, a San Diego-area GOP political strategist, said Issa substantially enhanced his national profile during the investigation into the 2012 attack on the U.S. diplomatic mission in Benghazi, that resulted in the death of Ambassador Christopher Stevens and three other Americans.
“He’s been a national figure pretty much since he has been in Congress,” Spillane said. “He was of the people most vocal on Benghazi. He has been a national foil to Obama and Hillary Clinton. He was a major statewide figure in terms of funding the recall that allowed Arnold Schwarzenegger to be elected. He has been a major figure in San Diego County politics for more than two decades. He’s an important member of Congress.
“It is a loss for California Republicans in terms of our congressional delegation,” Spillane said. “It’s a loss for national Republicans in terms of losing a significant figure in the Republican caucus.”
Issa’s move was prompted by the reconfiguration of his congressional district under Proposition 50, a redistricting plan voters passed in November to counter President Trump’s efforts to push GOP-led states to redraw their congressional lines to favor Republicans.
“Rep. Issa is unfortunately a victim of his own inaction,” said Paul Mitchell, the Democratic strategist who drew the new congressional districts voters approved in November that made Issa’s reelection prospects shaky. “Privately all the California Republican incumbents knew it was a mistake, and yet the veterans with all the chairmanships and power didn’t speak out.”
Issa wasn’t the only Republican member of California’s congressional delegation whose reelection plans shifted on Friday because of Proposition 50.
Rep. Kevin Kiley (R-Roseville) made a surprise announcement Friday evening that he would run for reelection as an independent candidate.
Voter-approved redistricting last year fractured Kiley’s huge Northern California district into six pieces. Earlier this week he announced he would run in the district that includes his hometown and other Sacramento-area suburbs but has a nine-point Democratic voter registration advantage.
Kiley described his decision to run as a no party preference candidate as a way to “fight back and protect our democracy” from “partisan games.”
“It is no secret I’ve been frustrated, at times disgusted, by the hyper-partisanship in Congress. In the last year it’s led to the longest government shutdown in U.S. history, a massive increase in healthcare costs, and of course, a pointless redistricting war,” Kiley wrote on the social media site X.
Shortly after Issa announced his retirement Friday evening, Democrats were quick to celebrate and boast about the party’s prospects of winning the seat and increasing its ranks in California’s congressional delegation.
“After over two decades of disastrous representation, Darrell Issa is once again running for the exits — and good riddance,” said Anna Elsasser, spokesperson for the Democratic Congressional Campaign Committee. “Issa abandoning his voters now is the clearest sign yet that Republicans know he can’t win on his record of skyrocketing prices, gutting healthcare, and looking out for himself and wealthy special interests above all else.”
Issa endorsed San Diego County Supervisor Jim Desmond to replace him. His supervisorial districts includes more than a quarter of the new district.
Desmond has been running in a neighboring congressional district that straddles Orange and San Diego counties that is currently represented by Rep. Mike Levin (D-San Juan Capistrano). Though the Levin district has been considered competitive, Proposition 50 made it more safely Democratic. Desmond withdrew from that race and filed to run in Issa’s district on Thursday, according to the San Diego County registrar of voters.
Issa, 72, has represented various San Diego-area districts in Congress for 23 years. Issa’s once solidly Republican district had been trending more moderate in recent years.
Democratic registered voters outnumber Republicans by more than four percentage points in Issa’s new district, which spans San Diego and Riverside counties and was reshaped to include liberal communities such as Palm Springs, according to the nonpartisan California Target Book. Issa’s current congressional district had a 12-percentage-point GOP edge in voter registration in 2024.
As soon as the new districts were approved, speculation began swirling about Issa‘s reelection plans. Some of his supporters in Texas urged him to move there to run in a GOP-friendly Dallas-area district, but he said in December that he declined and would instead seek reelection in California.
“I believe that the people of San Diego County, who have elected me so many times, will, in fact, regardless of registration, vote for me,” Issa told the Fox affiliate in San Diego in December. “This is my home, and I’m going to fight for it.”
Several Democrats had already announced plans to challenge Issa, including San Diego City Council member Marni Lynn von Wilpert and repeat candidate Ammar Campa-Najar.
Issa, a high school dropout and Army veteran, made his fortune by purchasing a struggling electronics business in 1980 and transforming it into the Viper car alarm system, with Issa’s voice warning potential thieves to “stand back.”
Times staff writer Nicole Nixon contributed to this report.
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