Politics
Column: After the Supreme Court's immunity ruling, can Donald Trump still be tried for Jan. 6?
The Supreme Court ended a tumultuous term with one final sledgehammer blow on Monday. Its decision on Donald Trump’s claim of immunity from criminal charges forecloses any possibility that he will be tried for Jan. 6 before the election, substantially guts the prosecution and reshapes the Constitution to place the president singularly beyond the reach of criminal law.
The opinion was even more expansive in its grant of presidential immunity than commentators anticipated after the oral argument suggested the conservative majority was headed that way. And while it theoretically permits prosecution of some of the long list of Trump’s pernicious and treacherous acts in the weeks after the 2020 election, it erects a series of legal roadblocks and presumptions that make it anyone’s guess whether Trump will ever face accountability under the indictment.
The court’s essential holding is that constitutional principles of separation of powers forbid the criminal prosecution of a former president for “official acts” that took place during his term, while allowing it for “unofficial” acts. The 6-3 decision broke down along familiar lines, with the conservative majority continuing its project of remaking the law and the structure of the federal government.
How to draw the line between official and unofficial conduct? The court provides several criteria that, albeit somewhat opaque, clearly protect swaths of conduct that would strike nearly everyone as corrupt and lawless — not least much of what Trump undertook after the 2020 election.
For starters, the court prescribes absolute immunity for any exercise of “core constitutional powers.” These include at a minimum the enumerated presidential powers of Article 2 of the Constitution, such as acting as commander in chief of the armed forces, issuing pardons and appointing judges. A president acting within these areas is untouchable.
Importantly, the court holds that this immunity precludes any consideration of motive. So a president who, for example, issues a pardon in return for a bribe or fires an executive branch official out of racial animus is just as protected from the law as one who takes such actions for appropriate and conventional reasons.
This could authorize some of the most vicious and problematic presidential conduct. There is no apparent reason, for example, that it doesn’t encompass what had been taken as a devastating hypothetical offered by Judge Florence Y. Pan of the U.S. Court of Appeals for the D.C. circuit: a president’s use of Navy SEALs to assassinate a political rival. If the reason for a president’s use of commander-in-chief powers is outside the bounds of inquiry, such conduct is indistinguishable from a conventional military mission.
Motive is the soul of the criminal law. It’s what divides conduct society accepts from conduct for which we put people in prison. The declaration that it has no role to play in determining a president’s criminal liability is nearly tantamount to making him a king.
Yet the court’s decision goes considerably further. It immunizes not just core constitutional functions but also any conduct within the outer perimeter of executive authority — the same capacious standard that already applies to civil lawsuits over presidential conduct.
And though there is some debate on this point, the court appears to go even further by imposing a presumption of immunity for conduct outside that perimeter unless the government shows that a prosecution would “pose no dangers of intrusion on the authority and functions of the Executive Branch.”
How this will play out in the Jan. 6 prosecution is to some extent for U.S. District Judge Tanya Chutkan to try to figure out, with Trump challenging every move she makes along the way. The court emphasizes that distinguishing “the President’s official actions from his unofficial ones can be difficult” and may necessitate a “fact-specific” inquiry into their context (not including the president’s motive).
But the court drops some very strong hints about which aspects of the prosecution are precluded. It essentially says that Trump’s alleged efforts to level false accusations of election fraud in Georgia with the aid of a Justice Department functionary are off-limits. That’s because the charge implicates the president’s official power to investigate and prosecute crimes.
The opinion also strongly suggests that the alleged plot to strong-arm Vice President Mike Pence into violating the Constitution may be protected because it pertains to the interactions of the executive branch’s top two officials.
And the court seems to want to give a pass to Trump’s incendiary rhetoric near the Capitol on Jan. 6 on the basis that communication with the public is part of what the president does.
The only aspect of the indictment that the court seems disposed to preserve is the alleged extensive effort to set up fraudulent slates of electors. Even there, however, the court prescribes a detailed inquiry that puts the burden on special counsel Jack Smith’s team to counter Trump’s argument that his conduct was official “because it was undertaken to ensure the integrity and proper administration of the federal election.”
Even if Trump loses the election and the case is allowed to proceed beyond this year, it will require more time-consuming legal combat. Every aspect of the application of the court’s opinion to the case could be appealed to the D.C. circuit and the Supreme Court.
And where does it all come from, this fundamental reordering of our tripartite system of government and the principle — to which the court continues to give lip service — that the president is not above the law?
The answer is no more than the court’s view that the president must be able to take bold and energetic action without worrying about subsequent criminal prosecution. The justices are not, strictly speaking, interpreting any provision of the Constitution but rather applying their notion of what makes for an effective president. The conservative majority is essentially grafting its political science principles onto constitutional structure and using them to drive a truck through the principle of equality before the law.
The majority dismisses the liberal dissenters’ insistence that the decision puts the president above the law as amounting to “ignoring the Constitution’s separation of powers and the Court’s precedent and instead fear mongering on the basis of extreme hypotheticals about a future where the president ‘feels empowered to violate a federal criminal law.’ ”
But there is nothing fearmongering, unrealistic or extreme about those worries. They concern a reality that is right before the justices’ eyes. They have chosen to ignore it, ensuring that justice for the most serious assault on the Constitution in our history will be much delayed and largely denied.
Harry Litman is the host of the “Talking Feds” podcast and the “Talking San Diego” speaker series. @harrylitman
Politics
Mamdani’s response to Trump’s Iran strike sparks conservative backlash: ‘Rooting for the ayatollah’
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New York City’s socialist Mayor Zohran Mamdani is facing blowback from conservatives on social media over his post condemning the U.S. attack on Iran that led to the killing of Iran’s supreme leader, Ayatollah Ali Khamenei.
On Saturday, as a joint strike on Iran by the United States and Israel was developing, Mamdani blasted the Trump administration’s decision in a post on X that has been viewed roughly 20 million times.
“Today’s military strikes on Iran — carried out by the United States and Israel — mark a catastrophic escalation in an illegal war of aggression,” Mamdani wrote.
“Bombing cities. Killing civilians. Opening a new theater of war. Americans do not want this. They do not want another war in pursuit of regime change.”
New York City Mayor Zohran Mamdani speaks to reporters during a news conference in New York Feb. 17, 2026. (AP Photo/Seth Wenig)
Mamdani said Americans prefer “relief from the affordability crisis” before speaking directly to Iranians in New York City.
“You are part of the fabric of this city — you are our neighbors, small business owners, students, artists, workers, and community leaders,” Mamdani said. “You will be safe here.”
The post was quickly slammed by conservatives on social media making the case that Mamdani’s response appeared sympathetic to Iran’s brutal regime and pointing to his lack of public reaction to the Iranian protesters killed in recent years.
“Comrade Mayor is rooting for the Ayatollah,” GOP Sen. Ted Cruz posted on X. “They can chant together.”
OBAMA OFFICIAL WHO BACKED IRAN DEAL SPARKS ONLINE OUTRAGE WITH REACTION TO TRUMP’S STRIKE: ‘SIT THIS ONE OUT’
“Do u say anything pro American ?” Fox News host Brian Kilmeade posted on X. “do u know any Iranians – ? they hate @fr_Khamenei they celebrate his death, you should be celebrating his death ! hes killed thousands of American’s and just killed 30k Iranians, did u even say a word about that? You are an embarrassment !! Please quit.”
Sen. Ted Cruz, R-Texas, questions Pam Bondi, President-elect Donald Trump’s nominee to be attorney general, during her Senate Judiciary Committee confirmation hearing in Hart building Jan. 15, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
“I don’t feel safe in New York listening to someone like you, Mamdani, who sympathizes with the regime that killed more than 30,000 unarmed Iranians in less than 24 hours,” Iranian American journalist Masih Alinejad posted on X.
“We Iranians do not allow you to lecture us about war while you had nothing to say when the Islamic Republic shot schoolgirls and blinded more than 10,000 innocent people in the streets. You were busy celebrating the hijab while women of my beloved country Iran were jailed and raped by Islamic Security forces for removing it.
“And NOW you find your voice to defend the regime? No. I will not let you claim the moral high ground. The people of Iran want to be free. Where were you when they needed solidarity?”
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“How is it that you can’t differentiate between good and evil?” Billionaire hedge fund manager Bill Ackman posted on X. “Why is this so hard for you?”
“It takes a particular kind of audacity, or ignorance, for a city mayor to appoint himself the conscience of American foreign policy while his constituents step over garbage on their way to work,” GOP Rep. Nancy Mace posted on X. “History will not remember his bravery. It will not remember him at all.”
“Iranian New Yorkers are thrilled today and see right through you,” Republican New York City Councilwoman Vickie Paladino posted on X.
Bill Ackman, CEO of Pershing Square Capital Management LP, speaks during the WSJ D.Live global technology conference in Laguna Beach, Calif., Oct. 17, 2017. (Patrick Fallon/Bloomberg/Getty Images)
“When Kuwait, Saudi Arabia, Qatar, Turkey, UAE, Bahrain all support today’s operation eliminating world’s #1 sponsor of terror, but New York City’s Mayor @ZohranMamdani is shilling for Iran,” Republican New York City Councilwoman Inna Vernikov posted on X.
Fox News Digital reached out to Mamdani’s office for comment.
Shortly after Mamdani’s post, it was announced by President Trump and Israeli officials that the military operation resulted in Khamenei’s death.
Israeli leaders confirmed Khamenei’s compound and offices were reduced to rubble early Saturday after a targeted strike in downtown Tehran.
“Khamenei was the contemporary Middle East’s longest-serving autocrat. He did not get to be that way by being a gambler. Khamenei was an ideologue, but one who ruthlessly pursued the preservation and protection of his ideology, often taking two steps forward and one step back,” Behnam Ben Taleblu, senior director of FDD’s Iran program, told Fox News Digital.
Politics
Trump vowed to end wars. He is now opening a new front against Iran
WASHINGTON — For a decade, President Trump promised to end what he calls forever wars, casting himself as a leader opposed to prolonged conflicts in the Middle East and who would rather pursue peace in the world.
Now, early in his second term, Trump is taking military action against Iran that could expand well beyond a limited effort to halt the country’s nuclear program.
In a video posted on Truth Social, the commander in chief said American forces also plan to “raze their missile industry to the ground” and “annihilate their navy.” He warned members of Iran’s military to surrender or “face certain death.” And urged the Iranian people to take the moment as an opportunity to rise up against their government.
“This regime will soon learn that no one should challenge the strength and might of the United States armed forces,” Trump said.
A few hours after relaying that message, Trump confirmed in a separate social media post that Ayatollah Ali Khamenei, the supreme leader of Iran, was among those killed by U.S. and Israeli strikes. Even with his death, Trump said that “the heavy and pinpoint bombing” would continue in Iran “as long as necessary to achieve our objective of PEACE THROUGHOUT THE MIDDLE EAST AND, INDEED, THE WORLD!”
Trump, who has been considering a strike on Iran for several weeks, acknowledged he reached the decision to attack Iran while aware of the human toll that could come with it.
“The lives of courageous American heroes may be lost, and we may have casualties. That often happens in war,” he said. “But we are doing this, not for now, we are doing this for the future, and it is a noble mission.”
Trump’s military campaign in Iran is a sharp turn in tone for a president who has long been critical of open-ended conflicts in the Middle East, and marks a shift from an America-first agenda message that helped him return to the White House.
“I’m not going to start a war. I’m going to stop wars,” Trump said in his November 2024 victory speech as he promised to focus national resources on domestic priorities rather than foreign conflicts.
As Trump advocated to bring home American forces from deployments around the world and to withdraw from key defense treaties, his position resonated with a war-weary electorate in the lead-up to the election.
Fewer than six in 10 Americans (56%) believed the United States should take an active role in world affairs ahead of the election — the second-lowest level recorded since the question was first asked in 1974, according to polling by the Council on Foreign Affairs.
Trump’s posture on war in the Middle East had been largely consistent before he ran for office.
In 2013, he criticized then-President Obama’s negotiations with Tehran, predicting in a post on Twitter that Obama would “attack Iran because of his inability to negotiate properly.” That same year, Trump warned that “our horrendous leadership could unknowingly lead us into World War III.”
And in a heated February 2016 debate, Trump attacked former Florida Gov. Jeb Bush, stating that his brother George W. Bush lied about Iraq’s nuclear capabilities to get the U.S. into the Iraq war. Trump called the Iraq war a “big, fat mistake” that “destabilized the Middle East.”
“They lied. They said there were weapons of mass destruction. There were none, and they knew there were none,” he said.
At the time of the Iraq war, however, Trump had said he supported it.
Trump’s confrontation with Iran bears little resemblance to his earlier rebukes.
Trump has yet to present evidence of an imminent threat to the United States from Iran’s nuclear program — a capability he claimed to have “obliterated” just eight months ago — and has instead framed the military campaign as one to ensure Tehran never develops nuclear weapons at all.
“It is a very simple message,” he said. “They will never have a nuclear weapon.”
Trump’s shift has already drawn the attention of congressional Democrats, many of whom are calling the president out for backing out on his promise to end foreign wars — and are demanding that he involve Congress in any further military actions.
“Regardless of what the President may think or say, he does not enjoy a blank check to launch large-scale military operations without a clear strategy, without any transparency or public debate, and not without Congressional approval,” Sen. Alex Padilla (D-Calif.) said.
Sen. Adam Schiff (D-Calif.) criticized Trump for “drawing the country into yet another foreign war that Americans don’t want and Congress has not authorized.”
The military involvement in Iran is not the first time that members of Congress have complained about the Trump administration’s willingness to sideline the legislative branch on decisions that could trigger broader conflicts this year.
In January, Trump ordered military forces to capture former Venezuelan President Nicolás Maduro and said the United States would run the sovereign nation until further notice. He threatened military action in Colombia, whose leftist President Gustavo Petro has been one of Trump’s most vocal critics.
Trump has alienated allied nations when he said he was willing to send American troops to seize Greenland, a semiautonomous territory of Denmark. And on Friday, he said U.S. is in talks with Havana and raised the possibility of a “friendly takeover of Cuba” without offering any details on what he meant.
His actions have coincided with his annoyance at not being awarded the Nobel Peace Prize. At one point, the president said he no longer felt an “obligation to think purely of Peace” because he didn’t get the recognition.
Trump’s shifting tone, and his use of violent war imagery in his pretaped remarks about Iran, have rattled even part of his base.
“I did not campaign for this. I did not donate money for this,” said former Rep. Marjorie Taylor Greene, a conservative who recently left Congress after a bitter fight with Trump. “This is not what we thought MAGA was supposed to be. Shame!”
Republican leaders, however, are largely standing behind the president.
Senate Majority Leader John Thune (R-S.D.) said Iran “posed a clear and unacceptable threat” to the United States and has refused “the diplomatic off-ramps.” House Speaker Mike Johnson (D-La.) said Trump took the action after exhausting “every effort to pursue peaceful and diplomatic solutions.”
Other top Republican lawmakers rallied behind Trump, too.
“The butcher’s bill has finally come due for the ayatollahs,” Sen. Tom Cotton, the chairman of the Senate Intelligence Committee, wrote in a post on X. “May God bless and protect our troops on this vital mission of vengeance, and justice, and safety.”
Politics
Iran fires missiles at US bases across Middle East after American strikes on nuclear, IRGC sites
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Iran launched missile and drone strikes targeting U.S. military facilities in multiple Middle Eastern countries Friday, retaliating after coordinated U.S.–Israeli strikes on Iranian military and nuclear-linked sites.
Explosions were reported in or near areas hosting American forces in Bahrain, Qatar, the United Arab Emirates, Kuwait and Jordan, according to regional officials and state media accounts. Several of those governments said their air defense systems intercepted incoming projectiles.
It remains unclear whether any U.S. service members were killed or injured, and the extent of potential damage to American facilities has not yet been confirmed. U.S. officials have not publicly released casualty figures or formal damage assessments.
Iran’s Islamic Revolutionary Guard Corps (IRGC) described the operation as a direct response to what Tehran called “aggression” against Iranian territory earlier in the day. Iranian officials claimed they targeted U.S. military infrastructure and command facilities.
Explosions were reported in or near areas hosting American forces in Bahrain, pictured above. (Photo by Petty Officer 2nd Class Adelola Tinubu/U.S. Naval Forces Central Command/U.S. 5th Fleet )
The United States military earlier carried out strikes against what officials described as high-value Iranian targets, including IRGC facilities, naval assets and underground sites believed to be associated with Iran’s nuclear program. One U.S. official told Fox News that American forces had “suppressed” Iranian air defenses in the initial wave of strikes.
Tomahawk cruise missiles were used in the opening phase of the U.S. operation, according to a U.S. official. The campaign was described as a multi-geographic operation designed to overwhelm Iran’s defensive capabilities and could continue for multiple days. Officials also indicated the U.S. employed one-way attack drones in combat for the first time.
IF KHAMENEI FALLS, WHO TAKES IRAN? STRIKES WILL EXPOSE POWER VACUUM — AND THE IRGC’S GRIP
Smoke rises after reported Iranian missile attacks, following strikes by the United States and Israel against Iran, in Manama, Bahrain, Feb. 28, 2026. (Reuters)
Iran’s retaliatory barrage targeted countries that host American forces, including Bahrain — home to the U.S. Navy’s Fifth Fleet — as well as Qatar’s Al Udeid Air Base and the UAE’s Al Dhafra Air Base. Authorities in those nations reported intercepting many of the incoming missiles. At least one civilian was killed in the UAE by falling debris, according to local authorities.
Iranian officials characterized their response as proportionate and warned of additional action if strikes continue. A senior U.S. official described the Iranian retaliation as “ineffective,” though independent assessments of the overall impact are still developing.
Smoke rises over the city after the Israeli army launched a second wave of airstrikes on Iran in Tehran on Feb. 28, 2026. (Fatemeh Bahrami/Anadolu via Getty Images)
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Regional governments condemned the strikes on their territory as violations of sovereignty, raising the risk that additional countries could become directly involved if escalation continues.
The situation remains fluid, with military and diplomatic channels active across the region. Pentagon officials are expected to provide further updates as damage assessments and casualty reviews are completed.
Fox News’ Jennifer Griffin contributed to this report.
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