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Groups seek to use the Constitution’s ‘insurrection’ clause to block Trump from 2024 ballots
As former President Donald Trump continues to dominate the Republican presidential primary, some liberal groups and a growing number of legal experts contend that a rarely used clause of the Constitution prevents him from being president after the Jan. 6, 2021, attack on the U.S. Capitol.
The 14th Amendment bars anyone from holding office who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. A growing number of legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol.
Two liberal nonprofits pledge court challenges should states’ election officers place Trump on the ballot despite those objections.
The effort is likely to trigger a chain of lawsuits and appeals across several states that ultimately would lead to the U.S. Supreme Court, possibly in the midst of the 2024 primary season. The matter adds even more potential legal chaos to a nomination process already roiled by the frontrunner facing four separate criminal trials.
Now Trump’s very ability to run could be litigated as Republicans are scheduled to start choosing their nominee, starting with the Iowa caucuses on Jan. 15.
“There’s a very real prospect these cases will be active during the primaries,” said Gerard Magliocca, a law professor at Indiana University, warning that there could be different outcomes in different states before the Supreme Court makes a final decision. “Imagine you have an opinion that says he’s not eligible and then there’s another primary where he’s on the ballot.”
Though most litigation is unlikely to begin until October, when states begin to set their ballots for the upcoming primary, the issue has gotten a boost from a recently released law review article written by two prominent conservative law professors, William Baude and Michael Paulsen. They concluded that Trump must be barred from the ballot due to the clause in the third section of the 14th Amendment.
That section bars anyone from Congress, the military, and federal and state offices if they previously took an oath to support the Constitution and “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
In their article, scheduled to be published in the University of Pennsylvania Law Review, Baude and Paulsen said they believe the meaning is clear.
“Taking Section Three seriously means excluding from present or future office those who sought to subvert lawful government authority under the Constitution in the aftermath of the 2020 election,” they write.
The issue came up during last week’s Republican presidential debate in Milwaukee, when former Arkansas Gov. Asa Hutchinson warned that “this is something that could disqualify him under our rules and under the Constitution.”
In 2021, the nonprofit Free Speech For People sent letters to the top election official in all 50 states requesting Trump’s removal if he were to run again for the presidency. The group’s legal director, Ron Fein, noted that after years of silence, officials are beginning to discuss the matter.
“The framers of the 14th Amendment learned the bloody lesson that, once an oath-breaking insurrectionist engages in insurrection, they can’t be trusted to return to power,” Fein said.
Ahead of the 2022 midterms, the group sued to remove U.S. Rep. Marjorie Taylor-Greene and former Rep. Madison Cawthorn, both Republicans, from the ballot over their support for the Jan. 6 protest. The judge overseeing Greene’s case ruled in her favor, while Cawthorn’s case became moot after he was defeated in his primary.
The complex legal issues were highlighted on Wednesday when the Arizona Republic reported that Secretary of State Adrian Fontes said his hands are tied because of a ruling by that state’s high court that only Congress can disqualify someone on Arizona’s presidential ballot. Fontes, a Democrat, called the ruling “dead, flat wrong” in an interview with the Republic but said he would abide by it.
If Trump appears on the Arizona ballot, those who believe he’s not qualified can still sue in federal court to remove him.
Other secretaries of state are warily navigating the legal minefield.
In a radio interview earlier this week, Michigan Secretary of State Jocelyn Benson, a Democrat, said “there are valid legal arguments being made” for keeping Trump off the ballot and that it’s something she is discussing with other secretaries of state, including those in presidential battlegrounds.
Brad Raffensperger, the Republican secretary of state in Georgia who withstood pressure from Trump when he sought to overturn the 2020 results in the state, suggested the issue should be up to voters.
“As Georgia’s Secretary of State, I have been clear that voters are smart and deserve the right to decide elections.,” he said in an emailed statement.
Trump argues that any effort to prevent him from appearing on a state’s ballot amounts to “election interference” — the same way he is characterizing the criminal charges filed against him in New York, Atlanta and by federal prosecutors in Washington, D.C., and Florida.
“And I think what’s happening is there’s really been a backlash against it,” Trump told the conservative channel Newsmax.
Indeed, the New Hampshire Secretary of State’s office was flooded with messages about the issue on Monday, said Anna Sventek, a spokeswoman. Earlier in the day, a conservative personality had falsely claimed the state was about to strike Trump from the ballot.
On Wednesday, a longshot Republican presidential candidate, John Anthony Castro of Texas, filed a complaint in a New Hampshire court contending the 14th Amendment barred Trump from that state’s ballot.
The eventual, bigger court challenges are expected to draw greater legal fire power. But Michael McConnell, a conservative law professor at Stanford University who is not a Trump supporter, said the case is no slam dunk.
McConnell questions whether the provision even applies to the presidency because it is not one of the offices specifically listed in the 14th Amendment — which instead refers to “elector of president and vice president.” He also said it’s unclear whether the Jan. 6 attack constitutes an “insurrection” under the law or simply a less legally fraught incident such as a riot.
But McConnell also worries about the political precedent if Trump is ultimately removed from any state ballot.
“It’s not just about Trump. Every election where someone says something supportive of a riot that interferes with the enforcement of laws, their opponents are going to run in and try to get them disqualified,” he said.
Ratified in 1868, the 14th Amendment helped ensure civil rights for freed slaves — and eventually for all people in the U.S. — but also was used to prevent former Confederates officials from becoming members of Congress and taking over the government they had just rebelled against.
The clause allows Congress to lift the ban, which it did in 1872 as the political will to continue to bar former Confederates dwindled. The provision was almost never used after that. In 1919, Congress refused to seat a socialist in Congress, contending he gave aid and comfort to the country’s enemies during World War I. Last year, in the provision’s first use since then, a New Mexico judge barred a rural county commissioner who had entered the Capitol on Jan. 6 from office under the clause.
If any state bars Trump from running, his reelection campaign is expected to sue, possibly taking the case directly to the U.S. Supreme Court. If no state bans him, Free Speech For People and another nonprofit, Citizens for Responsibility and Ethics in Washington, would likely challenge his presence on the ballot.
It’s critical that the high court settle the issue before the general election, said Edward Foley, a law professor at The Ohio State University. His fear is that if Trump’s qualifications are not resolved and he wins, Democrats could try to block his ascension to the White House on Jan. 6, 2025, triggering another democratic crisis.
Those pushing to invoke the amendment agree and say they think the case is clear.
“This isn’t a punishment. It’s like saying a president needs to be 35 years old and a natural born citizen,” said Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington. “You also need not to have helped organize an uprising against the government.”

News
Mike Johnson calls for Epstein files and ICE memos gives deportation guidance: Morning Rundown

Donald Trump brushes off his supporters’ interest in the Jeffrey Epstein case, and House Speaker Mike Johnson speaks out. An ICE memo details how officials can deport immigrants to third countries. And Grok, the Elon Musk-owned AI chatbot, debuts two so-called “companions.”
Here’s what to know today.
Trump’s supporters won’t quit talking about Jeffrey Epstein
Donald Trump responded to mounting criticism of his administration’s handling of Jeffrey Epstein’s case, saying yesterday that he doesn’t understand the buzz. “He’s dead for a long time,” the president said when asked about frustration from his supporters. “He was never a big factor in terms of life. I don’t understand why the Jeffrey Epstein case would be of interest to anybody.”
Earlier in the day, Trump said Attorney General Pam Bondi should release “whatever she thinks is credible” on Epstein, while Bondi herself declined to answer questions about the issue. Though some have called for her to resign, Bondi was defiant during a press conference. “I’m going to be here as long as the president wants me to be here,” she said.
This is Morning Rundown, a weekday newsletter to start your day. Sign up here to get it in your inbox.
Meanwhile, House Speaker Mike Johnson showed a rare break from Trump by joining other conservatives in calling for the release of documents. The administration “should put everything out there and let the people decide,” he told conservative commentator Benny Johnson yesterday. Reps. Marjorie Taylor Greene, Lauren Boebert and John Kennedy are among those who have also called out the Trump administration.
The uproar about the Trump administration’s handling of the Epstein case comes after the Justice Department and FBI released a memo last week saying they found no evidence that the late financier had kept an “incriminating ‘client list’” or evidence that would lead to the prosecution of third parties. Conspiracy theories that “Epstein didn’t kill himself” began to spread almost immediately after Epstein’s 2019 death in a New York City jail as he awaited trial on sex trafficking charges.
Trump also took to Truth Social last Saturday to urge people to move on. If he thought his words would put an end to things, he was wrong. Data from Google shows that searches for Epstein spiked after Trump posted. It was also notable that the post, on the president’s own social network, received many frustrated responses from supporters.
Data from Google shows that searches for Epstein spiked after Trump posted. It was also notable that the post, on the president’s own social network, received many frustrated responses from supporters.
Trump has used conspiracy theories for political gain since before he ran for president, like when he stoked false claims that Barack Obama’s birth certificate was fake. During his most recent presidential campaign, Trump said he would have “no problem” looking into an Epstein client list. And once he took office, Trump appointed people who have also promoted conspiracy theories to senior positions in his administration.
But now, Trump is bearing the brunt of those same conspiracies in an inescapable viral commotion.
Read the full story here.
More politics news:
- Republicans in Congress are racing to pass a $9.4 billion spending cuts package before a Friday deadline.
- Former DNC chair Jaime Harrison is back in the political arena with a new podcast. He spoke with NBC News about why one of his first guests will be Hunter Biden.
- Texas Gov. Greg Abbott said the focus of a special legislative session starting next week would shift to flood relief, but his agenda shows lawmakers will be considering more than flood-related measures.
ICE restarts third country deportations with little notice
The Department of Homeland Security resumed third country deportation flights on Tuesday by deporting five immigrant detainees, all from different countries, to the small nation of Eswatini in Southern Africa. The resumption of third country deportations comes as ICE put out new guidance that its employees are allowed in certain circumstances to deport migrants to countries that are not their own in as little as six hours — and without assurances from the third country that they “will not be persecuted or tortured.”
But “in all other cases” where the U.S. has not received those assurances, ICE must follow certain procedures, including that officials must give immigrants a removal notice in a language the person understands and which tells them where the government intends to deport them. Read the full story here.
More immigration news:
- The Pentagon ordered the removal of half of the 4,000 National Guard troops who were mobilized in response to immigration protests in Los Angeles.
- New ICE guidance requires that people who entered the U.S. without legal authorization remain in immigration detention as they fight deportation proceedings in court — meaning they can’t get bond hearings and could potentially be detained for months or years.
- Immigration authorities want landlords to turn over leases and other information on their tenants, signaling a potential new front in the Trump administration’s efforts to locate people in the country illegally.
- ICE detained a father in Washington state who had been working to legalize his residency status in the United States. His pregnant wife pleaded, “I just want him home.”
Adelita Grijalva wins Democratic primary for Arizona House seat
The daughter of the late Rep. Raúl Grijalva won the Democratic primary to fill his former House seat in Arizona, The Associated Press projects. Adelita Grijalva, a former member of the Pima County Board of Supervisors, defeated activist Deja Foxx and former state Rep. Daniel Hernandez and is set to face Republican Daniel Butierez in a special election in September. Both Grijalva, 54, and Foxx described themselves as progressives, but fissures emerged during the campaign over the issue of generational change.
Raúl Grijalva won 12 terms representing Arizona’s 7th House District before he died in March at the age of 77. The heavily Democratic district encompasses most of Tucson and the state’s southern border. Read the full story here.
Read All About It
- A man is in custody after “American Idol” music supervisor Robin Kaye and her husband, Thomas Deluca, were found dead in their Los Angeles home.
- An elite Chinese cyberspy group hacked at least one state’s National Guard network for nearly a year, the Pentagon found.
- TV personality Chip Gaines defended the inclusion of a same-sex couple in the new show “Back to the Frontier” after backlash from religious conservatives.
- Vance Boelter — the man accused of fatally shooting Minnesota state Rep. Melissa Hortman and her husband last month — was indicted on federal murder charges.
- “Severance” racked up 27 Emmy nominations, the most of any show this year, followed by “The Penguin” with 24 and “The White Lotus” with 23. See a full list of nominees.
- The National League defeated the American League in the 2025 MLB All-Star Game after the Philadelphia Phillies’ Kyle Schwarber went 3 for 3 in the game’s first home run swing-off, following a 6-6 tie.
Staff Pick: Grok’s new chatbots seem designed to shock and entertain

Elon Musk’s AI chatbot Grok turned heads last week for writing antisemitic social media posts on X. Now, Grok has introduced so-called “Companions” that interact with users. One is a flirty Japanese anime character named Ani who offers to make users’ lives “sexier.” The other is a red panda named Bad Rudi with a penchant for foul language.
Tech reporter David Ingram wrote that both bots criticized the Nazis and the action of xAI, the Musk-owned company behind Grok. But the graphic nature of the companions makes them outliers among other AI chatbots with a willingness to embrace hateful language and sexual content. Just look at snippets of Bad Rudi’s conversation with NBC News, in which the character advocated for stealing a yacht, overthrowing the pope and spiking a town’s water supply with hot sauce and glitter. — Elizabeth Robinson, newsletter editor
NBC Select: Online Shopping, Simplified
Curious about which food is best for your young pup? Veterinarians recommend the best puppy food with all the proper nutrients and tell us which ingredients to avoid. And should cats eat wet food, dry food or both? Vets break down what you should know when choosing what to feed your feline friend.
Sign up to The Selection newsletter for hands-on product reviews, expert shopping tips and a look at the best deals and sales each week.
Thanks for reading today’s Morning Rundown. Today’s newsletter was curated for you by Elizabeth Robinson. If you’re a fan, please send a link to your family and friends. They can sign up here.
News
SCOTUS allows dismantling of Education Dept. And, Trump threatens Russia with tariffs

Good morning. You’re reading the Up First newsletter. Subscribe here to get it delivered to your inbox, and listen to the Up First podcast for all the news you need to start your day.
Today’s top stories
The U.S. Supreme Court ruled yesterday that it will allow the Trump administration to resume dismantling the U.S. Department of Education. The Court overruled a lower court that temporarily paused massive cuts at the department. Congress created the department by law and President Trump promised to shut it down without any change in that law, which is why opponents sued.
The Washington, D.C., headquarters of the U.S. Department of Education shown in March.
Win McNamee/Getty Images North America
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Win McNamee/Getty Images North America
- 🎧 The court’s decision now means that roughly 1,400 Education Department workers will lose their jobs, NPR’s Cory Turner tells Up First. The work that those employees did, including helping local schools support kids with disabilities and children living in poverty, may also cease. The ruling isn’t the final word as the case continues to work its way through lower courts. The plaintiffs’ concern is that by the time they get a final ruling in court, it might not matter, as the harm to the department could be irreversible, Turner stated.
Some Trump supporters over the weekend were surprised when he urged them to move on from the Epstein files. The Justice Department and the FBI released a two-page memo last week stating they found no evidence to support conspiracy theories about the life and death of disgraced financier and convicted sex trafficker Jeffrey Epstein. They stated he really did kill himself in jail in 2019 and left no client list. This comes after Attorney General Pam Bondi previously said on Fox News that she had the list on her desk.
- 🎧 Heading into the last election, a central concept of Trump’s MAGA ideology was the belief that there was a deep state cabal of shadowy figures protecting pedophiles and unsavory people running the government and obstructing Trump’s agenda, says NPR’s Stephen Fowler. Now, Trump has a baseless theory about the files, suggesting Democrats created them to target him. Fowler says it is uncertain if Trump’s shift on the topic has hurt his favorability with his supporters, but it does reiterate the stranglehold the president has on the shape and direction of the GOP.
Trump yesterday threatened to implement heavy tariffs on countries that trade with Moscow if the Kremlin doesn’t reach a ceasefire deal with Ukraine by September. The president also promised Ukraine billions of dollars worth of U.S.-made military equipment, which NATO countries in Europe will pay for.
- 🎧 NPR’s Charles Maynes says the president’s change of tone on Russia was quite a shift. A big driver in this shift is Trump’s frustration with and even a sense of betrayal by Russian President Vladimir Putin. The president said he thought he had a peace deal with Putin four separate times, only to see Russian attacks in Ukraine continue. Some in Moscow see the 50-day grace period provided for the ceasefire as a sign that Trump isn’t ready to give up on Russia.
Living better

Frank Frost found camaraderie in a cycling group in the U.K. that his doctor recommended he try. They call themselves the “Chain Gang” and members look after each other, he said. “We’re all of a certain age,” says Frost. ” We don’t leave anybody.”
Frank Frost
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Frank Frost
Living Better is a special series about what it takes to stay healthy in America.
Doctors are writing “social prescriptions” to get people engaged with nature, art, exercise and volunteering in the same way they would prescribe pills or therapy. Research has shown it can help with mental health, chronic disease and dementia. The method worked for Frank Frost. He gained weight and was diagnosed with Type 2 diabetes in his 50s. A doctor found out he used to love riding a bike as a kid and gave him a prescription for a 10-week cycling course for adults getting back into cycling. The prescription led to Frost developing friends, losing 100 pounds and getting his diabetes under control. Julia Hotz, the author of The Connection Cure: The Prescriptive Power of Movement, Nature, Art, Service, and Belonging, shares details on the health approach:
- 🚲 Health providers in around 30 countries are practicing social prescribing to address symptoms of Type 2 diabetes, chronic pain, dementia, attention deficit hyperactivity disorder, anxiety and depression, and more. A growing number of U.S. providers are also embracing the approach.
- 🚲 Social prescribing can save money due to a reduction in emergency room visits and repeat visits to primary care physicians. Health care systems have acknowledged that it can be cheaper to cover weeks of Zumba classes than medication over the course of a lifetime.
- 🚲 People interested in social prescribing can visit the map on Social Prescribing USA’s website to find a list of organizations and health systems involved in this practice.
Picture show

Evelyn del Rosario Morán Cojoc, an artist from Guatemala, creates a mural that depicts traditional foods from her Mayan culture — like that floating ear of corn and three yellow beans. She teaches art to kids across the country, encouraging them to depict their indigenous traditions.
Ben de la Cruz/NPR
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Ben de la Cruz/NPR
The theme of this year’s Smithsonian Folklife Festival in Washington, D.C., was youth and the future of culture. The event showcased a diverse range of talent. A 26-year-old Bolivian rapper infused his unique style into Spanish hip-hop by incorporating words from his father’s indigenous language. Two refugee weavers made a traditional bag as they work to revitalize their ancient art form. A Guatemalan artist created a mural that highlights her Mayan culture. A Mexican American dad and his two daughters demonstrated techniques for shaping a guitar passed down from their great-grandfather. The Goats and Soda team sat down with the four ensembles to talk about their craft, the youth they mentor and the cultural traditions they’re keeping alive. Read what they had to say and see photos of their craft.
3 things to know before you go

Andrew Cuomo speaks during an election party following the primaries at the Carpenters Union in New York City on June 24, 2025.
John Lamparski/AFP via Getty Images
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John Lamparski/AFP via Getty Images
- Former New York Gov. Andrew Cuomo announced yesterday that he is relaunching his campaign for New York City mayor, this time as an independent candidate. (via Gothamist)
- South African President Cyril Ramaphosa has suspended his police minister after serious allegations linking him to organized crime.
- Los Angeles is now three years away from the Olympic Games, and to commemorate the occasion, organizers yesterday released a preview of the competition schedule. (via LAist)
This newsletter was edited by Suzanne Nuyen.
News
Trump does deal with Nato allies to arm Ukraine and warns Russia of severe sanctions

Donald Trump said he has sealed an agreement with Nato allies that will lead to large-scale arms deliveries to Ukraine, including Patriot missiles, and warned Russia that it will face severe sanctions if Moscow does not make peace within 50 days.
After a meeting with the Nato secretary general, Mark Rutte, Trump said they had agreed “a very big deal”, in which “billions of dollars’ worth of military equipment is going to be purchased from the United States, going to Nato … And that’s going to be quickly distributed to the battlefield.”
Speaking in the White House alongside a clearly delighted Rutte, the US president said the arms deliveries would be comprehensive and would include the Patriot missile batteries that Ukraine desperately needs for its air defences against a daily Russian aerial onslaught.
“It’s everything: it’s Patriots. It’s all of them. It’s a full complement, with the batteries,” Trump said.
He did not go into any more detail, but made clear the weapons would be entirely paid for by Washington’s European allies, and that initial missile deliveries would come “within days” from European stocks, on the understanding they would be replenished with US supplies.
At a White House lunch with religious leaders later in the day, Trump said the deal was “fully approved, fully done”.
“We’ll send them a lot of weapons of all kinds and they’re going to deliver those weapons immediately … and they’re going to pay,” he said.
At his meeting with Trump, Rutte said there was a significant number of Nato allies – including Germany, Finland, Denmark, Sweden, Norway, the Netherlands and Canada – ready to rearm Ukraine as part of the deal.
“They all want to be part of this. And this is only the first wave. There will be more,” he said.
The German chancellor, Friedrich Merz, said last week that Berlin was ready to acquire additional Patriot systems.
Trump claimed there was one country, which he did not name, but which had “17 Patriots getting ready to be shipped”. Monday’s deal would include that stockpile, or “a big portion of the 17”, he said.
Such an arms delivery would represent a significant reinforcement of Ukraine’s air defences. Kyiv is currently thought to have only six Patriot batteries, at a time when it is coming under frequent and intense Russian drone and missile bombardments.
At the same time, Trump expressed increased frustration with Vladimir Putin, whom he accused of giving the impression of pursuing peace while intensifying attacks on Ukrainian cities. He gave the Russian president a new deadline of 50 days to end the fighting or face 100% tariffs on Russian goods, and more importantly, sweeping “secondary tariffs”, suggesting trade sanctions would be imposed on countries who continue to pay for Russian oil and other commodities.
“The secondary tariffs are very, very powerful,” the president said.
The announcement marked a dramatic change for the administration, both in substance and tone.
The Trump White House had not only made clear it would continue its predecessor’s policy of continuing to supply Ukraine out of US stocks, but the president and his top officials have been derisive about Kyiv’s chances of prevailing.
On Monday, Trump delivered his most admiring language on Ukraine and its European backers to date, with Rutte on one side and the US vice-president, JD Vance, the administration’s biggest sceptic on US involvement in Europe, on the other.
“They fought with tremendous courage, and they continue to fight with tremendous courage,” Trump said of the Ukrainians.
“Europe has a lot of spirit for this war,” he said, suggesting he had been taken by surprise by the level of commitment shown by European allies at the Nato summit in The Hague last month. “The level of esprit de corps spirit that they have is amazing,” he said. “They really think it’s very, very important.
“Having a strong Europe is a very good thing. It’s a very good thing. So I’m okay with it,” he said.
Trump described his deepening disillusion with Putin, and suggested his wife, Melania, may have played a role in pointing out the Russian leader’s duplicity in talks over a peace deal.
“My conversations with him are always very pleasant. I say, isn’t that a very lovely conversation? And then the missiles go off that night,” Trump said. “I go home, I tell the first lady: I spoke with Vladimir today. We had a wonderful conversation. She said: Really? Another city was just hit.”
Ukrainian regional officials reported at least six civilians killed and 30 injured by Russian bombing in the past 24 hours. The country’s air force said Moscow had attacked with 136 drones and four S-300 or S-400 missiles.
“Look, I don’t want to say he’s an assassin, but he’s a tough guy. It’s been proven over the years. He’s fooled a lot of people,” Trump said, listing his predecessors in the White House.
“He didn’t fool me. But what I do say is that at a certain point, ultimately talk doesn’t talk. It’s got to be action,” he said.
Russian officials and pro-war bloggers on Monday largely shrugged off Trump’s announcement, declaring it to be less significant than anticipated.
Konstantin Kosachev, a senior Russian lawmaker, wrote on Telegram that it amounted to “hot air”.
It was broadly welcomed in Kyiv, where there has been longstanding and deep anxiety about Trump’s intentions. Andrii Kovalenko, a member of Ukraine’s national security and defence council, posted a one-word response: “Cool.”
There was still scepticism however, over whether even the promise of new weaponry for Ukraine combined with the threat of trade sanctions would be enough to halt Russia’s offensive.
Illia Ponomarenko, a Ukrainian journalist and blogger wrote: “How many Ukrainian lives could have been saved if, from the very beginning, Trump had listened to wise and honest people about helping Ukraine, instead of the artful lies of that cannibal Putin on the phone?”.
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