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Supreme Court's decision would free a reelected President Trump to ignore the law, experts warn

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Supreme Court's decision would free a reelected President Trump to ignore the law, experts warn

The Supreme Court chose an unusual time to declare for the first time that presidents — past and future — are immune from the criminal law when it comes to their use of official or constitutional powers.

It comes just as former President Trump — who once promised to be “dictator for one day” — prepares to accept the Republican nomination to return to the White House.

Trump was also the nation’s first chief executive to refuse to accept his defeat in an election, insisting it was “stolen” and calling thousands of his supporters to come to Washington and to “fight like hell.”

The mob riot at the Capitol prompted the House to impeach him, a majority of senators to vote to convict him, and the Justice Department to bring criminal charges against him for conspiring to overturn the election results.

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But the Supreme Court sent the opposite message Monday in the case of Trump vs. United States. The court’s six conservatives, all Republican appointees, said the Constitution has an unwritten immunity clause that shields presidents from being prosecuted or held to account for violating criminal laws when they are exercising their official powers.

Legal experts were surprised by the court’s opinion and predicted danger ahead.

“I can’t fathom what they were thinking,” said Donald Ayer, a former Justice Department attorney in the Reagan administration. “They know who Trump is. This will embolden him.”

Trump said recently he will seek “revenge” against those who have crossed him and his supporters. Earlier this week, Trump reposted an image calling Republican former Rep. Liz Cheney “guilty of treason” and for her to be prosecuted in “televised military tribunals.”

Fifty years ago this week, attorney Philip Lacovara went before the Supreme Court and urged the justices to order President Nixon to turn over the White House tapes. He won a unanimous decision, with three Nixon appointees joining in.

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Lacovara was taken aback by Monday’s opinion, which he called the “most dangerous and anticonstitutional decision” since the 19th century.

“At the time of the Watergate investigations, not a single Supreme Court justice of any political affiliation would have taken seriously a claim that the president is immune from complying with federal criminal law. Not even Nixon in his wildest dreams ever imagined that any court would dignify such a claim,” he said. “This is part of a disturbing trend, as in, for example, Poland and Hungary, in which conservative justices on the right favor authoritarian concepts of presidential power.”

Today’s court conservatives believe in a strong role for the president as chief executive. Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh served as White House lawyers under Republican presidents, and they are skeptical of limits on the president’s powers. The court’s other conservatives have worked in Washington for decades, and they also wary of politically driven investigations and prosecutions.

At the same time, however, they have sharply limited the power of executive agencies. The so-called Chevron doctrine held that judges should defer to executive agencies like the Environmental Protection Agency or the Education Department when the president’s appointees adopt new regulations. But the court overturned that doctrine last week by the same 6-3 vote that expanded the president’s power this week.

John Malcolm, senior attorney at the conservative Heritage Foundation, hailed the ruling as historic.

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It is “undoubtedly one of the most significant constitutional decisions [the court] has ever issued with respect to the separation of powers and the powers of the presidency.” It “will likely have a bigger impact on how presidents are likely to act in the future while in office,” he added.

“The idea that a Supreme Court, with justices picked by Trump, are ruling on a matter of this import right before an election, it just seems stunningly bad timing beyond the merits of the decision itself, which i think were really suspect,” said Chris Whipple, who has written two books on the presidency.

Prior to this week, “you already have orange lights going off for what Trump might do in a second term in terms what he himself has said,” said William Kristol, a conservative critic of Trump who served in the George H.W. Bush White House. That includes using the pardon power, and a raft of hard-right ideological proposals in the Heritage Foundation’s “Project 2025” report.

“This just turns the orange light into a red light,” Kristol said.

In addition to the legal changes, it creates psychological and political pressure on Republicans to carry out Trump’s most extreme impulses, experts say.

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“Republican senators are already inclined to go along with Trump — and incidentally the court says he can do this and it will be used as an argument against anyone who is critical or hesitant to go along,” Kristol said.

Kristol envisions Trump obliterating post-Watergate norms that gave the Justice Department a measure of independence, and a trickle-down effect that would give license to Trump’s aides — inducing ideologues like Trump advisor Stephen Miller — to make demands of officials on Trump’s behalf.

John Bolton, Trump’s former national security advisor, argues that Trump never worried about guardrails in the first place.

“He has always thought that he could beat whatever rules anyone tried to impose on him,” Bolton said.

“Trump’s mind-set is: ‘I’m going to do what I want and if somebody doesn’t like it, let ’em litigate,’” Bolton said.

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But Trump could be talked out of things in his first term, Bolton said. Trump would demand every few months to prosecute former Secretary of State John F. Kerry for allegedly violating the Logan Act by intervening in his Iran policy, Bolton recalled. His White House counsel would ignore or obfuscate, but the people he chooses in the second term are less likely to do that, he said.

“In the second term there will be people around him who will say, ‘Convene the grand jury,’” he said.“What happens if he declares martial law because of the invasion across the border? … I think the courts will continue to be buffer. I hope so.”

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

On the fifth day of the war in Iran, Defense Secretary Pete Hegseth said that the U.S. military operation was intensifying and that more warplanes were arriving in the region.

By Christina Kelso

March 4, 2026

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

Fox News Digital’s Ashley Carnahan contributed to this report.

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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