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Is it too late for DNC delegates to abandon Biden? A look at the Democrats' nomination process

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Is it too late for DNC delegates to abandon Biden? A look at the Democrats' nomination process

President Biden faces a growing number of calls to step aside from the 2024 race for the White House, leading many Americans to question what the Democratic Party’s nomination process will look like if he stays in the race or ultimately allows for the selection of a new candidate.

Biden has stated several times since his damaging debate performance last month he will not drop out of the race. But matters would be less complicated for the Democratic Party if the president willfully chose to step aside before the Democratic National Convention in Chicago from August 19-22.

Democrats will officially choose their nominee at the convention, though they reportedly plan to nominate Biden and Vice President Kamala Harris ahead of the convention next month.

At the convention, a candidate must win support from the majority of the party’s nearly 4,000 delegates, the party officials who formally select the nominee. Delegates are distributed to candidates based on the results of primary elections in each state.

DEMOCRATS’ NOMINATION OF BIDEN IN VIRTUAL ROLL CALL COULD COME AS EARLY AS MID-JULY

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Biden has stated several times since his damaging debate performance last month he will not drop out of the race ahead of next month’s Democratic National Convention. (Getty Images)

For the Democratic Party, there are “pledged” and “unpledged” delegates. Pledged delegates have to vote for whichever candidate in their party wins the primary or caucus in their respective state, while unpledged delegates may choose to vote for any candidate. In the Democratic Party, unpledged delegates are known as “superdelegates,” current elected officials and party leaders who can support any candidate.

A total of 1,976 delegates are needed to clinch the Democratic nomination for president. Biden has won roughly 3,900 this year. Those delegates have “pledged” to support Biden’s candidacy, according to DNC rules.

Though Biden has not indicated he plans to withdraw from the race, if he were to do so, his delegates would no longer be pledged to him. His withdrawal would lead to an open convention, resulting in Democrats being able to make suggestions for potential nominees and cast votes until one candidate receives a majority of delegate votes.

“She’s a liability, but he would also, by getting rid of Kamala, insult and lose a valuable constituency. He’s not going to do that.”

— Craig Shirley, presidential historian

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“Biden has a hammerlock on those delegates and alternates. Only he can release them if he wants, and he’s not gonna release them,” Craig Shirley, a presidential historian and biographer of former President Reagan, told Fox News Digital.

BIDEN CAMP ADDRESSES RUMORS ADVISERS ARE HATCHING PLAN TO PUSH PRESIDENT ASIDE

If Biden does not willingly drop out of the race, however, DNC regulations could seemingly make it possible for delegates to force Biden out of the race. Though it has not been tried in the modern political era, there is one rule that leaves open the possibility of giving delegates some leeway in who they support for the nomination.

President Biden and Vice President Kamala Harris on the Truman Balcony of the White House in Washington, D.C., July 4, 2024. (Tierney L. Cross)

Rule 13 (J) of the DNC’s Delegate Selection Rules states, “Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.”

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To date, there is no definition or any prior history of what would constitute “in all good conscience.”

Shirley dismissed the rule, insisting the delegates will remain bound to Biden and that all of the “hype” and “hot air spewing forth” about what delegates will ultimately do is “all media (speculation) right now.”

“What is going to happen is this: Biden is going to be renominated with Kamala Harris. He can’t afford to get rid of Kamala Harris because he’s stuck with her. He doesn’t want her. She’s a liability, but he would also, by getting rid of Kamala, insult and lose a valuable constituency. He’s not going to do that,” Shirley said.

Though that rule is in place, the DNC could alter its own party rules at any point.

The rules have been changed in the past, for example, when President Lyndon B. Johnson decided not to seek re-election in 1968. At the time, the party shifted from an open convention process, where delegates could vote for whomever they wanted, to a bound process, where a delegate was attached to a candidate based on primary results.

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The DNC is considering formally nominating Biden as early as mid-July, two Democratic sources confirmed to Fox News Digital this month.

President Biden speaks at a campaign office in Philadelphia July 7, 2024. (AP Photo/Manuel Balce Ceneta)

A potential date for Biden’s nomination is July 21, the day the Democratic National Convention’s credentials committee meets virtually. Party officials have said the reason is that the convention falls after Ohio’s ballot deadline of Aug. 7. 

Earlier this summer, Ohio Republican Gov. Mike DeWine signed legislation altering the state filing deadline to Aug. 31, ensuring the Democratic nominee could be placed on the state’s November ballot even without the early virtual roll call vote.

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Word of the potential July 21 roll call was first reported by Bloomberg News.

Fox News Digital’s Paul Steinhauser contributed to this report.

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

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Trump says no need to invoke Insurrection Act ‘right now’ amid anti-ICE unrest in Minnesota

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Trump says no need to invoke Insurrection Act ‘right now’ amid anti-ICE unrest in Minnesota

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President Donald Trump on Friday said there wasn’t a reason, in the present, to invoke the Insurrection Act, as agitators continue to clash with federal immigration authorities carrying out enforcement operations in Minneapolis. 

Trump was departing the White House when he was asked about the 1807 law, which he threatened to invoke earlier this week. 

“I believe it was Bush, the elder Bush, he used it, I think 28 times,” Trump told reporters. “It’s been used a lot. And if I needed it, I’d use it. I don’t think there’s any reason right now to use it, but if I needed it, I’d use it. It’s, very powerful.”

The law allows the president to deploy the military to suppress rebellions and enforce federal laws. It would grant Trump the authority to federalize the National Guard and deploy active duty forces to restore order. It would temporarily override the Posse Comitatus Act, which normally restricts the use of the military for domestic law enforcement. 

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MINNEAPOLIS POLICE CHIEF SAYS IF RHETORIC KEEPS ESCALATING ‘WE ARE HEADED TOWARDS YET ANOTHER TRAGEDY’

President Donald Trump sits at the Resolute desk in the Oval Office. On Friday, Trump said Minnesota officials had lost control amid anti-ICE unrest. (Yuri Gripas/Abaca/Bloomberg via Getty Images)

The law reportedly hasn’t been invoked since the 1992 Los Angeles riots, which began after four police officers were acquitted in the beating of Rodney King.

Despite Trump’s threat, some Republicans are resistant to the idea of using the centuries-old law. 

Senate Majority Leader John Thune, R-S.D., seemed to downplay Trump’s threat, placing his hope in local law enforcement’s ability to “settle things down.”

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“Hopefully the local officials working with not only the federal law enforcement, ICE and other agencies, but also the local law enforcement officials will be able to settle things down,” Thune told reporters.

Senate Armed Services Committee Chair Roger Wicker, R-Miss., cast doubt on whether it would be appropriate to invoke the act, according to The Hill.

Law enforcement officers stand amid tear gas at the scene of a reported shooting in Minneapolis on Jan. 14. (AP Photo/Adam Gray)

Sen. Lisa Murkowski, R-Ala., also expressed her concerns about the move, saying that the administration needs to be “very careful,” The Hill reported.

In a Truth Social post on Friday, Trump said “Troublemakers, Agitators, and Insurrectionists” that have been seen violently confronting federal officers are “highly paid professionals” in many cases.

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“The Governor and Mayor don’t know what to do, they have totally lost control,” he wrote. “If, and when, I am forced to act, it will be solved, QUICKLY and EFFECTIVELY! President DJT.”

WHITE HOUSE BLAMES DEMOCRATS FOR ICE VIOLENCE AS MINNEAPOLIS ERUPTS, INSURRECTION ACT THREAT LOOMS

A Border Patrol Tactical Unit agent sprays pepper spray into the face of a protester attempting to block an immigration officer’s vehicle in Minneapolis, Minnesota, on Jan. 7. (Alex Kormann/The Minnesota Star Tribune via Getty Images)

Fox News Digital has reached out to the offices of Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey. 

Trump has accused Walz, Frey and other local leaders of inflaming tensions and has blamed dangerous rhetoric for the doxxing and violence directed at U.S. Immigration and Customs Enforcement (ICE) agents. 

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On Thursday, he threatened to invoke the Insurrection Act if the violence continued in Minnesota. 

CLICK HERE TO DOWNLOAD THE FOX NEWS APP 

“If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many Presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State,” Trump wrote on Truth Social.
 

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Wildfire victims decry state law protecting utilities from cost of disasters they cause

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Wildfire victims decry state law protecting utilities from cost of disasters they cause

A year after the Eaton fire, survivors and the state’s electric utilities are clashing over whether state law should continue to protect the companies from the cost of disastrous wildfires they ignite.

Southern California Edison says that with the help of those state laws it expects to pay little or even none of the damage costs of the Eaton fire, which its equipment is suspected of sparking.

But in recent filings to state officials, fire victims and consumer advocates say the law has gone too far and made the utilities’ unaccountable for their mistakes, leading to even more fires.

“What do you think will happen if you constantly protect perpetrators of fires,” said Joy Chen, executive director of the Eaton Fire Survivors Network.

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At the same time, Edison and the state’s two other big for-profit electric companies are lobbying state officials for even more protection from the cost of future fires to reassure their investors.

If government investigators find Edison’s equipment ignited the Eaton fire, at least seven of the state’s 20 most destructive wildfires would have been caused by the three utilities’ equipment.

The debate over how far the state should go to protect the electric companies from the cost of utility-sparked wildfires is playing out in Sacramento at the California Earthquake Authority. The authority is managing a broad study, ordered by Gov. Gavin Newsom, aimed at determining how to better protect Californians from catastrophic wildfires.

Chen said she was concerned by a meeting this month that she and another survivor had been invited to by authority officials and consultants they had hired to work on the study.

She said a primary focus of the discussion was how to shield utilities and their shareholders from the damages of future fires, rather than on the costs to survivors and other Californians “living with the consequences of utility-caused fires.”

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Chen later sent authority officials an email pointing to a Times story that detailed how four of five top executives at Edison International were paid higher bonuses the year before the Eaton fire even as the number of fires sparked by the utility’s equipment soared.

“The predictable outcome of continuing to protect shareholders and executives from the consequences of their own negligence is not theoretical. It is observable. More catastrophic fires,” she wrote.

“The Eaton Fire was the predictable outcome of this moral hazard,” she added.

An authority spokesman said Chen and other wildfire victims’ perspectives were “invaluable” to officials as they complete the study that is due April 1.

He said the authority had made “no foregone conclusions” of what the report will say.

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Pedro Pizarro, chief executive of Edison International, told the Times last month that he disagreed strongly with claims that state law had gone too far in protecting utilities.

“The law keeps us very accountable,” Pizarro said. He added that the laws were needed to shield utilities from bankruptcy, which could drive electric bills higher.

In December, Edison and the two other utilities told authority officials in a filing that they and their shareholders shouldn’t have to pay any more into the state wildfire fund, which was created to pay for the damages of utility-caused fires.

So far, electric customers and utility shareholders have split the cost of the fund.

The companies said that making their shareholders contribute more to the fund “undermines investor confidence in California utilities.”

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They proposed that officials instead find a new way to help pay for catastrophic fires, possibly using state income taxes, which require the wealthy to pay a higher share.

“Instead of relying on an increase in utility bills to cover extreme catastrophic losses, something that disproportionately impacts lower-income Californians, this system could share costs more equitably across society,” the three companies wrote.

While the investigation into the cause of the Eaton fire has not yet been released, Edison has said a leading theory is that a century-old transmission line no longer in service was briefly re-energized and sparked the fire.

Edison last used that transmission line in Eaton Canyon more than fifty years ago. Utility executives said they kept it up because they believed it would be used in the future.

Utilities and state regulators have long known that old, unused lines posed fire risks. In 2019, investigators traced the Kincade fire in Sonoma County, which destroyed 374 homes and other structures, to a dormant transmission line owned by Pacific Gas & Electric.

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The electric companies’ legal protections from utility-sparked fires date back to 2019 when Gov. Newsom led an effort to pass a measure known as AB 1054.

Then, PG&E was in bankruptcy because of costs it faced from a series of wildfires, including the 2018 Camp fire. That blaze, caused by a decades-old transmission line, destroyed most of the town of Paradise and killed 85 people.

Under the 2019 law, a utility is automatically deemed to have acted prudently if its equipment starts a wildfire. Then, all fire damages, except for $1 billion dollars covered by customer-paid insurance, are covered by the state wildfire fund.

The law allows outside parties to provide evidence that the utility didn’t act prudently before the fire, but even in that event, the utility’s financial responsibility for damages is capped.

Edison has told its investors that it believes it acted prudently before the Eaton fire and will have the damage costs fully covered.

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The company says the maximum it may have to pay under the law if it is found to be imprudent is $4 billion. Damages for the Eaton fire have been estimated to be as high as $45 billion.

Pizarro said the possibility of Edison paying as much as $4 billion shows that state law is working to keep utilities accountable.

“If we were imprudent and we end up getting penalized by $4 billion for the Eaton fire, that’s going to be a very painful day for this company — not only the pain of being told that we were imprudent, but also the financial toll of a penalty of that size,” he said.

Chen’s group is not alone in urging the state to change the laws protecting utilities from wildfire costs.

William Abrams of the Utility Wildfire Survivor Coalition detailed in a filing how the present laws had been shaped by the utilities and “a small circle of well-resourced legal and financial actors.”

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AB 1054 had weakened safety regulations, he said, while leaving wildfire survivors across California “under-compensated and struggling to rebuild.”

He proposed that the companies be required to use shareholder money and suspend their dividends to pay for fire damages.

Carmen Balber, executive director of Consumer Watchdog, told state officials that Edison is expected to have damages of the Eaton fire covered despite questions of why it did not remove the “ghost line” in Eaton Canyon and failed to shut down its transmission lines, despite the high winds on the night of the fire.

“We recommend establishing a negligence standard,” Balber said, “for when utilities’ shareholders need to pay.”

Among the consultants the authority has hired to help write the study is Rand, the Santa Monica-based research group; and Aon, a consulting firm.

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Both Rand and Aon have been paid by Edison for other work. Most recently, Edison hired Rand to review some of the data and methods it used to determine how much to offer Eaton fire victims in its voluntary compensation program.

Chen said hiring Edison’s consultants to help prepare the study created a conflict of interest.

The authority spokesman said officials were confident that their “open and inclusive study process” will protect its integrity.

Aon did not return a request for comment.

“Our clients have no influence over our findings,” said Leah Polk, a Rand spokesperson. “We follow the evidence and maintain strict standards to ensure our work remains objective and unbiased.”

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Chen said she was not convinced. “You have the fox guarding the hen house,” she said.

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Video: Democratic Lawmakers Say They Face New Round of Federal Inquiries

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Video: Democratic Lawmakers Say They Face New Round of Federal Inquiries

new video loaded: Democratic Lawmakers Say They Face New Round of Federal Inquiries

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Democratic Lawmakers Say They Face New Round of Federal Inquiries

By Wednesday, at least five Democratic lawmakers said they received new inquiries from federal prosecutors regarding a video they published in November. In the video, they urged military service members not to follow illegal orders.

I’m Senator Elissa Slotkin. Senator Mark Kelly. Representative Chris Deluzio. Congresswoman Maggie Goodlander. Representative Chrissy Houlahan. Congressman Jason Crow. Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. He’s using his political cronies in the Department of Justice to continue to threaten and intimidate us. We took an oath to the Constitution, a lifetime oath. When we joined the military. And again, as members of Congress, we are not going to back away. Our job, our duty is to make sure that the law is followed.

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By Wednesday, at least five Democratic lawmakers said they received new inquiries from federal prosecutors regarding a video they published in November. In the video, they urged military service members not to follow illegal orders.

By Jamie Leventhal and Daniel Fetherston

January 15, 2026

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