Politics
Opinion: The election shredded the rule of law
Being elected president truly is a get-out-of-jail-free card for Donald Trump, but the greater concern should be for what this means for the rule of law in this country. On Friday, New York Judge Juan M. Merchan upheld Trump’s 34 felony convictions for falsifying business records. Merchan set sentencing for Friday, Jan. 10, and indicated that he would likely take the very unusual step of unconditionally discharging Trump’s sentence. In plain English, this means that Trump will face absolutely no legal consequences from his convictions — not prison, not probation, not a fine.
Trump’s lawyers are trying to halt even the signaled unconditional discharge while they appeal. But Merchan realistically has no alternative.
A prison sentence is incompatible with Trump serving as president of the United States. The appellate courts surely would overturn a prison sentence, holding that, under the Constitution, being elected president preempts the ability of a state to interfere with that by imprisonment. Trump could not perform his constitutional duties as president from a prison cell in New York. Nor would it make sense for a state judge to put the president on probation and supervise his actions with the threat of revocation and imprisonment.
Trump faced up to four years in prison for the crimes for which he was convicted in New York. A study by the New York Times found that of 30 convictions for falsifying business records in Manhattan in the last decade, no other defendant received an unconditional discharge. All but five received sentences such as jail and prison time, probation and fines; some who entered into plea deals received sentences involving specific conditions, such as paying restitution or completing community service.
Indeed, Michael Cohen, the person who arranged the payment of the hush money that led to Trump’s conviction, was sentenced to three years in prison and served 13 months in custody. Trump, who the jury found orchestrated and was responsible for authorizing the payments, will never serve a day in jail.
But this is only a part of Trump’s get-out-of-jail-free benefit. He was indicted in the U.S. District Court for the District of Columbia for his acts in attempting to undermine the results of the 2020 presidential election. Had Trump lost in November, he would have been tried and faced a prison sentence if convicted. But the charges were dismissed after Trump was elected because of a Justice Department rule that a sitting president cannot be prosecuted.
This also was the basis for dismissing the indictment against Trump in federal court in Florida for improper handling of classified documents. The charges against him were serious: evidence tampering, willfully retaining national defense information and lying to investigators. If convicted, these charges also would likely have led to a significant prison sentence.
And it must be remembered that last summer the Supreme Court, in Trump vs. United States, ruled that Trump could not be prosecuted for anything he did using official powers granted to the president by the Constitution or a statute. This led to the dropping of some charges against him. The court’s decision provides protection for any official acts taken during his first term, and he assumes office knowing he faces little possibility of prosecution for any illegal acts in the next four years.
It is impossible to reconcile all of this with the most basic notion of the rule of law, the core of which is that no one, not even a president or former president, is above the law. It is captured in the idea, uttered from the beginning of American history, that we are “a country of laws, not people.” The last thing that the framers of the Constitution wanted was to create a president who could not be held accountable for breaking the law.
Trump still faces civil liability for some of his past conduct. Last week, a federal court of appeals upheld a $5-million verdict against Trump for his sexual assault of E. Jean Carroll. Another jury awarded Carroll $83.3 million against Trump for defamation. That verdict is now on appeal. Also, Trump is appealing a $355-million verdict for business fraud against him and his company.
But none of these civil suits involve the crimes he committed or was charged with. Nor does there seem any way to ever punish him for those felonies.
The assault on the rule of law is also reflected in Trump’s promise to pardon those who participated in the Jan. 6, 2021, attack at the Capitol. So far, more than 1,500 individuals have been charged with federal crimes in connection to Jan. 6. Most of those were misdemeanors, such as trespassing, but hundreds have pleaded guilty to or were convicted of assault or other felonies. The conduct of all was illegal and unconscionable in a democracy, yet they could be absolved of criminal liability.
It is perhaps too easy to ignore that this situation is unique in our republic’s history. Never before has a convicted felon become president. Never before has election as president meant the dismissal of criminal charges. It flouts the very essence of the rule of law that election as president could be a get-out-of-jail-free card.
Erwin Chemerinsky, a contributing writer to Opinion, is dean of the UC Berkeley Law School.
Politics
Nonprofit uses underwater technology to search for missing service members
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More than 80,000 service members who went missing in action in previous conflicts are still unaccounted for. However, through research and new technology, the Defense POW/MIA Accounting Agency estimates the remains of 38,000 fallen veterans could be recoverable. Nonprofit organization Project Recover is working with the agency to bring some of those service members home through complex underwater missions.
“This is a great American story here,” former Navy Rear Admiral Tim Gallaudet said. “Our work is to use technology, like underwater drones and scuba diving gear, to find the platforms that these members perished on and then do the DNA analysis of detecting and recovering their remains and matching them to those that are missing.”
Project Recover members stand with folded American flags during a ceremony honoring fallen World War II aviators. (Project Recover)
Gallaudet also serves as a Project Recover advisory council member. The group was founded by Dr. Patrick Scannon. He came up with the idea in 1993 when he was touring the Palau islands with his wife and discovered a downed plane from World War II.
“That 65-foot wing essentially changed my life,” Scannon said in an interview with GoPro.
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Project Recover teams have located dozens of aircraft sites around the Palau islands associated with nearly 100 service members who went missing in action.
“The recovery is difficult. We first have to find the aircraft or ships,” Gallaudet said. “And then we’ve got to go determine if there are any remains there and then ID them, match them to the service members. “
In 1944, U.S. officials determined the Palau islands were a crucial part of a larger mission to liberate the Philippines. The effort to capture the island of Peleliu ended up being a costly effort for the U.S. Located around 500 miles away from the Philippines, the island held an airfield, which U.S. officials believed could be used to launch an attack during their larger mission. More than 10,000 Japanese troops were stationed on Peleliu at the time.
U.S. Air Force B-52 bombers are parked on a military airfield. (B-52 Bomber Down)
The battle was expected to last just a few days but ended up going on for 74. The U.S. began its bombardment by dropping more than 600 tons of bombs, but the Marines had little intelligence on enemy positions. Japanese troops hid in coral caves and mine shafts around the islands. The initial aerial attacks had little impact unless pilots flew dangerously close to the island.
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On Peleliu, 1,800 Americans were killed in action and more than 8,000 were wounded or missing. Nearly all the 10,000 Japanese troops were killed in action. Across the Palau islands, the U.S. had carried out nine major air campaigns in which around 200 aircraft were lost.
Now Project Recover is working to bring some of those service members home.
“There were three service members on the aircraft that perished, a lieutenant and then two enlisted crew members. And over the last few years, we were able to recover the remains of all three. And we didn’t identify them all at the same time. It took forensic analysis and DNA. Technology. But the last one was finally identified,” Gallaudet said.
Lt. Jay Manown, AOM1c Anthony Di Petta and ARM1c Wilbur Mitts took off for a bombing mission in September 1944. They were conducting pre-invasion strikes in preparation for the invasion of Peleliu when their plane spun out of control and crashed into surrounding waters.
“The plane was hit by enemy fire, and it burst into flames,” Di Petta’s niece, Suzanne Nakamura, said in an interview with Media Evolve.
Project Recover located the plane in 2015. After more than a dozen dives to investigate the wreckage, teams began removing the remains of the three service members. Lt. Manown was the last to be repatriated.
“We held the ceremony in his hometown in West Virginia, and the relatives of all three service members came to that final ceremony,” Gallaudet said.
The three nieces of the men have become especially close.
A diver examines a wreck during an underwater mission to locate and recover missing U.S. service members. (Project Recover)
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“We’ve communicated beautifully and become friends through this experience and almost a sisterhood of type,” Manown’s niece, Rebecca Sheets, said in an interview with Media Evolve.
“We’ve talked so much by phone and feel so close,” Mitt’s niece, Diana Ward, told Media Evolve. “This is just a joy to meet each other in person, and we’re just sharing the emotion we’ve felt about bringing our uncles home.”
The three women have also connected over how their grandmothers, or the mothers of Manown, Di Petta and Mitts, may have felt about their sons finally coming home.
“We have a connection because our uncles were involved in not only defending the freedom of the United States, but as human beings who fought together and died together,” Nakamura said.
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Including their work in Palau, Project Recover has completed more than 100 missions across 25 countries. They have repatriated 24 missing Americans and have located more than 200 missing in action awaiting further recovery efforts. The group is raising money for a mission it hopes to complete in 2026 — the search for a B-52 aircraft that disappeared during a training accident.
“It’s off the coast of Texas. We’ve not yet found the aircraft. And of those eight service members, they all had families,” Gallaudet said. “There are about 32 of those family members still alive today who want the answers to know what happened to their loved ones.”
In addition to the more than 80,000 missing-in-action service members, 20,000 are missing from training accidents. The Defense POW/MIA Accounting Agency is not permitted to allocate funds toward a search effort for the eight men who disappeared along with their B-52 because the crash occurred during a non-conflict training accident.
“Not having found the wreck yet, we don’t know what the cause of the failure was. And so it’s our goal to find that wreckage and then take the remains and repatriate them to the families,” Gallaudet said.
U.S. Air Force B-52 crew members pose for a group photo. (B-52 Bomber Down)
The Air Force Bomber was on a routine training mission in February 1968 when it disappeared from radar and radio contact. The Air Force immediately conducted an extensive nine-day search of the flight path but found no trace of the bomber. As the military concluded its search, determining it went down in an unknown location, three pieces of debris washed ashore in Corpus Christi, Texas.
“This B-52 off the Texas coast hasn’t been located yet, but we think we know where the area is. We’re going to find it,” Gallaudet said.
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More than $300,000 has been raised for the mission so far. Project Recover estimates another $200,000 is needed to search for the eight men. If the organization can locate the remains, the Defense POW/MIA Accounting Agency will be able to allocate resources for a recovery effort.
You can learn more about Project Recover and the missing B-52 and donate to help with the search on Project Recover’s website.
Politics
Federal judge blocks ICE from arresting immigrants who show up for court appointments in Northern California
A federal judge in San Francisco on Wednesday barred Immigration and Customs Enforcement and its Justice Department counterpart from “sweeping” civil arrests at immigration courthouses across Northern California, teeing up an appellate challenge to one of the Trump administration’s most controversial deportation tactics.
“This circumstance presents noncitizens in removal proceedings with a Hobson’s choice between two irreparable harms,” Judge P. Casey Pitts wrote in his Christmas Eve decision.
“First, they may appear in immigration court and face likely arrest and detention,” the judge wrote. “Alternatively, noncitizens may choose not to appear and instead to forego their opportunity to pursue their claims for asylum or other relief from removal.”
Wednesday’s decision blocks ICE and the Department of Justice’s Executive Office for Immigration Review from lying in wait for asylum seekers and other noncitizens at routine hearings throughout the region — a move that would effectively restore pre-Trump prohibition on such arrests.
“Here, ICE and EOIR’s prior policies governing courthouse arrests and detention in holding facilities provide a standard,” the judge said.
Authorities have long curbed arrests at “sensitive locations”— such as hospitals, houses of worship and schools — putting them out of reach of most civil immigration enforcement.
The designation was first established decades ago under ICE’s predecessor agency, Immigration and Naturalization Services. ICE absorbed the prohibitions when the agency was formed in the wake of the Sept. 11 attacks.
Courts were added to the list under President Obama. The policy prohibiting most courthouse arrests was suspended during the first Trump administration and reinstated by President Biden.
Internal ICE guidance from the Biden era found “[e]xecuting civil immigration enforcement actions in or near a courthouse may chill individuals’ access to courthouses and, as a result, impair the fair administration of justice.”
Nevertheless, the agency’s courthouse policy was reversed again earlier this year, leading to a surge in arrests, and a staggering drop in court appearances, court records show.
Most who do not show up are ordered removed in absentia.
Monthly removal in absentia orders more than doubled this year, to 4,177 from fewer than 1,600 in 2024, justice department data show.
More than 50,000 asylum seekers have been ordered removed after failing to appear in court hearings since January — more than were ordered removed in absentia in the previous five years combined.
“ICE cannot choose to ignore the ‘costs’ of its new policies—chilling the participation of noncitizens in their removal proceedings —and consider only the policies’ purported ‘benefits’ for immigration enforcement,” Pitts wrote in his stay order.
That ruling likely sets the San Francisco case on a collision course with other lawsuits seeking to curb ICE’s incursions into spaces previously considered off-limits. This suit was brought by a group of asylum seekers who braved the risk and were detained when they showed up to court.
One, a 24-year-old Guatemalan asylum seeker named Yulisa Alvarado Ambrocio, was spared detention only because her breastfeeding 11-month-old was with her in court, records show. Administration lawyers told the court ICE would almost certainly pick her up at her next hearing.
Such arrests appear arbitrary and capricious, and are unlikely to survive scrutiny by the courts, Judge Pitts ruled Wednesday.
“That widespread civil arrests at immigration courts could have a chilling effect on noncitizens’ attendance at removal proceedings (as common sense, the prior guidance, and the actual experience in immigration court since May 2025 make clear) and thereby undermine this central purpose is thus ‘an important aspect of the problem’ that ICE was required, but failed, to consider,” Pitts wrote.
A district judge in Manhattan ruled the opposite way on a similar case this fall, setting up a possible circuit split and even a Supreme Court challenge to courthouse arrests in 2026.
For now, the Christmas Eve decision only applies to ICE’s San Francisco Area of Responsibility, a region encompassing all of Northern and Central California, as far south as Bakersfield.
The geographic limit comes in response to the Supreme Court’s emergency decision earlier this year stripping district judges of the power to block federal policies outside narrowly-tailored circumstances.
The administration told the court it intends to appeal to the 9th Circuit, where Trump-appointed judges have swung the bench far to the right of its longtime liberal reputation.
Politics
Trump lists accomplishments, says ‘Radical Left Scum’ are ‘failing badly’ in Christmas message
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President Donald Trump used his Christmas Eve Truth Social post to tout his administration’s accomplishments and to bash those on the left whom he accused of trying to “destroy” the U.S.
“Merry Christmas to all, including the radical left scum that is doing everything possible to destroy our country, but are failing badly,” Trump wrote on Truth Social. “We no longer have open borders, men in women’s sports, transgender for everyone, or weak law enforcement. What we do have is a record stock market and 401K’s, lowest crime numbers in decades, no inflation, and yesterday, a 4.3 GDP, two points better than expected.”
“Tariffs have given us trillions of dollars in growth and prosperity, and the strongest national security we have ever had. We are respected again, perhaps like never before. God Bless America!!!,” the president added.
In the first year of Trump’s second term, the administration launched a sweeping crackdown on illegal immigration, introduced controversial tariffs, worked to cut DEI from government programs and took steps toward fulfilling other campaign promises.
TRUMP TAKES NORAD SANTA CALLS WITH CHILDREN, PRAISES ‘CLEAN, BEAUTIFUL COAL’ AND ‘HIGH IQ’ PERSON
President Donald Trump calls children as he participates in tracking Santa Claus’ movements with the North American Aerospace Defense Command (NORAD) Santa Tracker on Christmas Eve at the Mar-a-Lago resort on Dec. 24, 2025, in Palm Beach, Florida. This is the 70th year that NORAD has publicly tracked Santa’s sleigh on its global rounds. (Tasos Katopodis/Getty Images)
The Department of Homeland Security announced Wednesday that it had arrested 17,500 criminal illegal immigrants since Trump signed the Laken Riley Act in January 2025. In a separate DHS announcement, the department unveiled the “2025 Worst of the Worst Criminal Illegal Aliens,” saying that 70% of all ICE arrests are of illegal immigrants “convicted or charged with a crime in the U.S.”
DHS Secretary Kristi Noem said in a statement on the results of the Laken Riley Act that “President Trump has empowered us to arrest and remove the millions of violent criminal illegal aliens unleashed on the United States by the previous administration. Now, these criminals will face justice and be removed from our country.”
Trump’s Christmas Truth Social post on his administration’s accomplishments was also backed up by recent economic data. On Tuesday, the Bureau of Economic Analysis released its initial estimate of the third-quarter GDP, which showed the economy grew at an annualized rate of 4.3% in the three-month period including July, August and September.
President Donald Trump pumps his fist at Christmas Eve dinner at his Mar-a-Lago club, Wednesday, Dec. 24, 2025, in Palm Beach, Fla. (Alex Brandon/AP Photo)
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“Compared to the second quarter, the acceleration in real GDP in the third quarter reflected a smaller decrease in investment, an acceleration in consumer spending, and upturns in exports and government spending. Imports decreased less in the third quarter,” the BEA said.
While the president issued a cutting Christmas Eve statement on Truth Social, his official Christmas Day message was softer and more focused on the meaning of the holiday and the season.
In the statement, which was released by the White House on Thursday, Trump and first lady Melania Trump relayed their warm wishes to Americans while emphasizing the religious significance of Christmas.
The Trump administration launched a new website celebrating Christmas and the federal government’s contributions to the U.S. stretching back decades. (Alex Wong/Getty Images)
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“The First Lady and I send our warmest wishes to all Americans as we share in the joy of Christmas Day and celebrate the birth of our Lord and Savior, Jesus Christ,” the message reads.
Trump went on to recount the biblical story of Jesus’ birth in Bethlehem, calling it “the perfect expression of God’s boundless love and His desire to be close to His people.” The president then tied the story to the founding principles of the U.S.
“For nearly 250 years, the principles of faith, family, and freedom have remained at the center of our way of life. As President, I will never waver in defending the fundamental values that make America the greatest country in the history of the world—and we will always remain one Nation under God.”
President Donald Trump and first lady Melania Trump participate in calls to U.S. service members, on Christmas Eve, from the Mar-a-Lago club in Palm Beach, Florida, Dec. 24, 2025. (Andrew Caballero-Reynolds/AFP via Getty Images)
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The president also paid homage to U.S. servicemembers who are overseas and are unable to be with their families for the holiday. Trump thanked them for their service and sacrifice and their dedication to protecting Americans.
“We are grateful for their devotion, and we keep them and their loved ones close in our hearts.”
Trump ended his official message with a prayer for peace in the U.S. and across the globe, extending Christmas wishes to Americans and the world.
“During the Christmas season, we pray for an outpouring of God’s abiding love, divine mercy, and everlasting peace upon our country and the entire world,” he said.. “To every American, and to those celebrating around the globe, we wish you a very Merry Christmas!”
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