Politics
Column: Does freedom itself depend on the outcome of this election? Donald Trump's probably does
Donald Trump is at a pivotal point in his personal history. For him, the upshot of the election will be either a series of criminal prosecutions likely to result in incarceration or a few legal nuisances that he can largely or completely dismiss.
A victory for Kamala Harris next week would leave Trump with no new cards to play against the juggernaut of criminal cases already pending against him. We could expect turnover at the highest ranks of the Department of Justice, up to and including Atty. Gen. Merrick Garland. But the new leadership would be nearly certain to retain special counsel Jack Smith, who has earned high marks for his aggressive pursuit of Trump’s alleged federal crimes.
That would allow Smith to continue to pursue the two prosecutions he has brought against the former president: one for his role in trying to overturn the 2020 election, culminating with the Jan. 6, 2021, assault on the Capitol; the other for purloining government documents and obstructing the authorities’ efforts to recover them from his Florida estate, Mar-a-Lago.
As a matter of sheer legal merit, the latter is the strongest of all the criminal cases against Trump. The evidence is overwhelming that Trump absconded with documents he had no right to possess as an ex-president and then engaged in a nearly two-year stonewalling of the federal government’s entirely legitimate efforts to get them back. His alleged obstruction included lying about the extent of his compliance with a federal subpoena and ordering his co-conspirators to hide documents that he knew the government wanted. And for all we know, his sloppy, selfish handling of sensitive information about national security may have put U.S. assets at grave risk.
What makes the case especially powerful is that anyone who engaged in similar conduct would undoubtedly face serious charges; indeed, the Justice Department routinely prosecutes people for mishandling a small fraction of the material Trump misappropriated. So no one can legitimately argue that he was singled out for political purposes or that the case pushes the legal envelope in any way.
Trump has nevertheless managed to elude justice in the case because of a series of partisan rulings by U.S. District Judge Aileen Cannon, who ultimately went so far as to order the case dismissed on the ground that Smith’s appointment lacked proper congressional authority. That ruling is now before the 11th Circuit U.S. Court of Appeals, which is likely to reverse it and could order Cannon’s recusal. And while a determined district court judge can find many ways to make charges disappear, Cannon would face even more scrutiny and have less recourse if her patron loses his bid to return to the White House.
The case, in short, should proceed to a conviction. And the likely sentence under federal guidelines (which the courts may depart from) looks to be almost 20 years.
If the documents case is the most open and shut against Trump, the Jan. 6 case is the most important in that it goes to the core of his iniquity as president. But Trump got another big lucky break here, not from the district court — Tanya Chutkan is a no-nonsense federal judge who has moved the case briskly — but from the U.S. Supreme Court. The conservative justices threw a monkey wrench into the case with their opinion granting broad presidential immunity from prosecution, working through the implications of which will take at least another year.
Still, when the dust settles, the evidence is more than strong enough to lead to conviction on the core charges that are likely to remain. And judging by the sentences imposed on the most culpable of the Jan. 6 ground soldiers, Trump would be looking at years in prison in this case too.
That leaves the two state cases against the former president. In New York, Trump is to be sentenced in less than a month for his conviction on 34 felony counts of falsifying business records to cover up hush money payments to the adult film actor Stormy Daniels. And in Georgia, a racketeering case stemming from the Jan. 6 plot is in a sort of deep freeze as the state courts try to sort out whether Fulton County Dist. Atty. Fani Willis and her office need to be recused for ethical reasons.
The future of the Georgia case is uncertain in any scenario. But if Trump loses the election, he will face sentencing in Manhattan. He is likely to serve little if any time in custody as a result, but he can probably count on a long term of probation, which itself entails a significant deprivation of liberty.
Finally, the possibility remains that Trump will surface as a defendant in other state cases involving conspiracies to overturn the election by appointing false electors. His involvement in those schemes is a matter of record.
Add all that together, and the bottom line is that Trump will be forced to endure one criminal trial after another and the possibility of prison sentences interrupted only for proceedings in other cases.
But what if Trump emerges as the victor next week? The difference for him alone would be astonishing. Regaining the White House would amount to a free pass for a presidency and post-presidency that have been nothing short of a crime spree.
First and foremost, as head of the executive branch, Trump could and would simply order the Department of Justice to drop the two ongoing federal cases. Indeed, Trump announced last week that he would fire the special counsel “within two seconds” of taking office and pointed to the Supreme Court’s immunity decision as ensuring his power to do so. That would bring all of Smith’s work to a grinding and permanent halt.
As for New York, even as president, Trump would have no official authority to order Manhattan Dist. Atty. Alvin Bragg to stand down. But he would probably argue in federal court that a state can’t pursue a criminal case against — much less incarcerate — a sitting president. And it’s likely that the Supreme Court would and should find such a principle implicit in the Constitution: The federal government could hardly function if the states had that power.
In that case, any sentence in New York, including a probationary one, would be served only after Trump is out of office, at which point this may be a very different country. For starters, Trump has signaled his intent to bring federal charges against Bragg.
Finally, a Trump presidency probably forecloses any possibility of his being included in any additional state prosecutions. Indeed, it might spell the end of those prosecutions altogether.
Trump’s entire campaign to regain the presidency can be seen as an outlandish gamble on evading accountability for a series of grave and manifest crimes. Should he win, he will take it as a popular verdict that he is above the law, notwithstanding anything in the Constitution. And as a practical matter, he will be right.
Harry Litman is the host of the “Talking Feds” podcast and the “Talking San Diego” speaker series. @harrylitman
Politics
Trump vows US ‘in charge’ of Venezuela as he reveals if he’s spoken to Delcy Rodríguez
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President Donald Trump said the U.S. is now in control of Venezuela following the arrest of longtime leader Nicolás Maduro, outlining a plan to run the country, rebuild its economy and delay elections until what he described as a recovery is underway.
Trump made the remarks during a gaggle with reporters as questions mounted about who is governing Venezuela after a U.S. military operation led to Maduro’s arrest early Saturday.
“Don’t ask me who’s in charge because I’ll give you an answer, and it’ll be very controversial,” Trump told a reporter.
He was then asked to clarify, to which Trump replied, “It means we’re in charge.”
US CAPTURE OF MADURO CHAMPIONED, CONDEMNED ACROSS WORLD STAGE AFTER SURGICAL VENEZUELA STRIKES
Venezuela’s Vice President Delcy Rodríguez addresses the media in Caracas, Venezuela, on March 10, 2025. (Leonardo Fernandez Viloria/Reuters)
Trump was also asked whether he had spoken directly with Venezuela’s newly sworn-in Vice President Delcy Rodríguez amid uncertainty about how the new government is functioning and what role the U.S. is playing.
While Trump said he has not personally spoken with Rodríguez, he suggested coordination is already underway between U.S. officials and the new leadership.
During the gaggle, Trump repeatedly portrayed Venezuela as a failed state that cannot immediately transition to democratic rule, arguing the country’s infrastructure and economy had been devastated by years of mismanagement.
TRUMP ISSUES DIRECT WARNING TO VENEZUELA’S NEW LEADER DELCY RODRÍGUEZ FOLLOWING MADURO CAPTURE
Venezuelan President Nicolás Maduro greets his supporters during a rally in Caracas on Dec. 1, 2025. (Pedro Mattey/Anadolu via Getty Images)
He compared Venezuela’s collapse to what he claimed would have happened to the U.S. had he lost the election, using the comparison to underscore his argument for intervention.
“We have to do one thing in Venezuela. Bring it back. It’s a dead country right now,” Trump said. “It’s a country that, frankly, we would have been if I had lost the election. We would have been Venezuela on steroids.”
Trump said rebuilding Venezuela will center on restoring its oil industry, which he said had been stripped from the U.S. under previous governments, leaving infrastructure decayed and production crippled.
UN AMBASSADOR WALTZ DEFENDS US CAPTURE OF MADURO AHEAD OF SECURITY COUNCIL MEETING
A coast guard boat of the Venezuelan Navy operates off the Caribbean coast on Sept. 11, 2025. (Juan Carlos Hernandez/Reuters)
He stressed that American oil companies – not U.S. taxpayers – will finance the reconstruction, while the U.S. oversees the broader recovery.
“The oil companies are going to go in and rebuild this system. They’re going to spend billions of dollars, and they’re going to take the oil out of the ground, and we’re taking back what they sell,” Trump said. “Remember, they stole our property. It was the greatest theft in the history of America. Nobody has ever stolen our property like they have. They took our oil away from us. They took the infrastructure away. And all that infrastructure is rotted and decayed.”
Trump said elections will not take place until the country is stabilized, arguing that rushing a vote in a collapsed state would repeat past failures.
TRUMP REVEALS VENEZUELA’S MADURO WAS CAPTURED IN ‘FORTRESS’-LIKE HOUSE: ‘HE GOT BUM RUSHED SO FAST’
President Donald Trump speaks to reporters aboard Air Force One while traveling from Kuala Lumpur, Malaysia, to Tokyo, Japan, Monday, Oct. 27, 2025. (Mark Schiefelbein/AP)
He said the U.S. will manage Venezuela’s recovery process, including addressing inflation, revenue loss and infrastructure collapse.
“We’re going to run everything,” Trump said. “We’re going to run it, fix it. We’ll have elections at the right time.”
When asked whether the operation in Venezuela was motivated by oil interests or amounted to regime change, Trump rejected both characterizations and instead cast the effort as part of a broader security doctrine.
VENEZUELAN LEADER MADURO LANDS IN NEW YORK AFTER BEING CAPTURED BY US FORCES ON DRUG CONSPIRACY CHARGES
President Donald Trump shared a photo of captured Venezuelan President Nicolás Maduro aboard the USS Iwo Jima after strikes on Venezuela, on Saturday, Jan. 3, 2026. (Donald Trump via Truth Social)
He tied the intervention to long-standing U.S. policy in the Western Hemisphere, invoking historical precedent.
“It’s about peace on Earth,” Trump said. “You gotta have peace, it’s our hemisphere. The Monroe Doctrine was very important when it was done.”
Trump went on to criticize past presidents for failing to enforce that doctrine, arguing his administration has restored it as a guiding principle.
RUBIO DEFENDS VENEZUELA OPERATION AFTER NBC QUESTIONS LACK OF CONGRESSIONAL APPROVAL FOR MADURO CAPTURE
“And other presidents, a lot of them, they lost sight of it,” Trump added. “I didn’t. I didn’t lose sight. But it really is. It’s peace on Earth.”
Agents with the Drug Enforcement Administration arrived at the West 30th Street Heliport for the arrival of captured Venezuelan President Nicolás Maduro, Saturday, Jan. 3, 2026, in New York. (Stefan Jeremiah/AP Photo)
Trump said the U.S. role in Venezuela will ultimately focus on rebuilding the country while caring for Venezuelans displaced by years of economic collapse.
He said that includes Venezuelans currently living in the U.S., many of whom he said were forced to flee.
“We’re gonna cherish a country,” Trump said. “We’re going to take care of, more importantly, of the people, including Venezuelans that are living in our country that were forced to leave their country, and they’re going to be taken very good care of.”
Trump made clear the comments on Venezuela were part of a broader foreign policy outlook, using the gaggle to issue warnings about instability elsewhere in the Western Hemisphere and overseas. He suggested the U.S. is prepared to respond forcefully to threats he said could endanger American security interests.
Trump singled out Colombia, describing the country as a growing security concern and accusing its leadership of enabling large-scale drug trafficking into the U.S.
“Colombia’s very sick too, run by a sick man who likes making cocaine and selling it to the United States, and he’s not going to be doing it very long,” Trump said.
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When asked whether that meant U.S. action, Trump replied, “It sounds good to me.”
Trump also addressed ongoing protests in Iran, warning that the U.S. is closely monitoring the situation and would respond if the Iranian government uses violence against demonstrators.
“We’re watching it very closely,” he said. “If they start killing people like they have in the past, I think they’re going to get hit very hard by the United States.”
Politics
To ‘run’ Venezuela, Trump presses existing regime to kneel
WASHINGTON — Top officials in the Trump administration clarified their position on “running” Venezuela after seizing its president, Nicolás Maduro, over the weekend, pressuring the government that remains in power there Sunday to acquiesce to U.S. demands on oil access and drug enforcement, or else face further military action.
Their goal appears to be the establishment of a pliant vassal state in Caracas that keeps the current government — led by Maduro for more than a decade — largely in place, but finally defers to the whims of Washington after turning away from the United States for a quarter-century.
It leaves little room for the ascendance of Venezuela’s democratic opposition, which won the country’s last national election, according to the State Department, European capitals and international monitoring bodies.
President Trump and his top aides said they would try to work with Maduro’s handpicked vice president and current interim president, Delcy Rodríguez, to run the country and its oil sector “until such time as we can do a safe, proper and judicious transition,” offering no time frame for proposed elections.
Trump, Secretary of State Marco Rubio and Homeland Security Secretary Kristi Noem underscored the strategy in a series of interviews Sunday morning.
“If she doesn’t do what’s right, she is going to pay a very big price, probably bigger than Maduro,” Trump told the Atlantic magazine, referring to Rodríguez. “Rebuilding there and regime change, anything you want to call it, is better than what you have right now. Can’t get any worse.”
Rubio said that a U.S. naval quarantine of Venezuelan oil tankers would continue unless and until Rodríguez begins cooperating with the U.S. administration, referring to the blockade — and the lingering threat of additional military action from the fleet off Venezuela’s coast — as “leverage” over the remnants of Maduro’s government.
“That’s the sort of control the president is pointing to when he says that,” Rubio told CBS News. “We continue with that quarantine, and we expect to see that there will be changes — not just in the way the oil industry is run for the benefit of the people, but also so that they stop the drug trafficking.”
Sen. Tom Cotton (R-Ark.), chairman of the Senate Select Committee on Intelligence, told CNN that he had been in touch with the administration since the Saturday night operation that snatched Maduro and his wife from their bedroom, whisking them away to New York to face criminal charges.
Trump’s vow to “run” the country, Cotton said, “means the new leaders of Venezuela need to meet our demands.”
“Delcy Rodríguez, and the other ministers in Venezuela, understand now what the U.S. military is capable of,” Cotton said, adding: “It is a fact that she and other indicted and sanctioned individuals are in Venezuela. They have control of the military and security forces. We have to deal with that fact. But that does not make them the legitimate leaders.”
“What we want is a future Venezuelan government that will be pro-American, that will contribute to stability, order and prosperity, not only in Venezuela but in our own backyard. That probably needs to include new elections,” Cotton said.
Whether Rodríguez will cooperate with the administration is an open question.
Trump said Saturday that she seemed amenable to making “Venezuela great again” in a conversation with Rubio. But the interim president delivered a speech hours later demanding Maduro’s return, and vowing that Venezuela would “never again be a colony of any empire.”
The developments have concerned senior figures in Venezuela’s democratic opposition, led by Maria Corina Machado, last year’s Nobel Peace Prize laureate, and Edmundo González Urrutia, the opposition candidate who won the 2024 presidential election that was ultimately stolen by Maduro.
In his Saturday news conference, Trump dismissed Machado, saying that the revered opposition leader was “a very nice woman,” but “doesn’t have the respect within the country” to lead.
Elliott Abrams, Trump’s special envoy to Venezuela in his first term, said he was skeptical that Rodríguez — an acolyte of Hugo Chávez and avowed supporter of Chavismo throughout the Maduro era — would betray the cause.
“The insult to Machado was bizarre, unfair — and simply ignorant,” Abrams told The Times. “Who told him that there was no respect for her?”
Maduro was booked in New York and flown at night over the Statue of Liberty in New York Harbor to the Metropolitan Detention Center in Brooklyn, where he is in federal custody at a facility that has housed inmates including Sean “Diddy” Combs, Ghislaine Maxwell, Bernie Madoff and Sam Bankman-Fried.
He is expected to be arraigned on federal charges of narco-terrorism conspiracy, cocaine importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices as soon as Monday.
Although few in Washington lamented Maduro’s removal, Democratic lawmakers criticized the operation as another act of ousting a foreign government by a Republican president that could have violated international law.
“The invasion of Venezuela has nothing to do with American security. Venezuela is not a security threat to the U.S.,” said Sen. Chris Murphy, a Democrat from Connecticut. “This is about making Trump’s oil industry and Wall Street friends rich. Trump’s foreign policy — the Middle East, Russia, Venezuela — is fundamentally corrupt.”
In their Saturday news conference, and in subsequent interviews, Trump and Rubio said that targeting Venezuela was in part about reestablishing U.S. dominance in the Western Hemisphere, reasserting the philosophy of President Monroe as China and Russia work to enhance their presence in the region. The Trump administration’s national security strategy, published last month, previewed a renewed focus on Latin America after the region faced neglect from Washington over decades.
Trump left unclear whether his military actions in the region would end in Caracas, a long-standing U.S. adversary, or whether he is willing to turn the U.S. armed forces on America’s allies.
In his interview with the Atlantic, Trump suggested that “individual countries” would be addressed on a case-by-case basis. On Saturday, he reiterated a threat to the president of Colombia, a major non-NATO ally, to “watch his ass,” over an ongoing dispute about Bogota’s cooperation on drug enforcement.
On Sunday morning, the United Nations Security Council held an urgent meeting to discuss the legality of the U.S. operation in Venezuela.
It was not Russia or China — permanent members of the council and long-standing competitors — who called the session, nor France, whose government has questioned whether the operation violated international law, but Colombia, a nonpermanent member who joined the council less than a week ago.
Politics
Dan Bongino officially leaves FBI deputy director role after less than a year, returns to ‘civilian life’
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Dan Bongino returned to private life on Sunday after serving as deputy director of the Federal Bureau of Investigation (FBI) for less than a year.
Bongino said on X that Saturday was his last day on the job before he would return to “civilian life.”
“It’s been an incredible year thanks to the leadership and decisiveness of President Trump. It was the honor of a lifetime to work with Director Patel, and to serve you, the American people. See you on the other side,” he wrote.
The former FBI deputy director announced in mid-December that he would be leaving his role at the bureau at the start of the new year.
BONDI, PATEL TAP MISSOURI AG AS ADDITIONAL FBI CO-DEPUTY DIRECTOR ALONGSIDE BONGINO
Dan Bongino speaks with FBI Director Kash Patel as they attend the annual 9/11 Commemoration Ceremony at the National 9/11 Memorial and Museum in New York City on Sept. 11, 2025. (Michael M. Santiago/Getty Images)
President Donald Trump previously praised Bongino, who assumed office in March, for his work at the FBI.
“Dan did a great job. I think he wants to go back to his show,” Trump told reporters.
FBI DIRECTOR, TOP DOJ OFFICIAL RESPOND TO ‘FAILING’ NY TIMES ARTICLE CLAIMING ‘DISDAIN’ FOR EACH OTHER
“After his swearing-in ceremony as FBI Deputy Director, Dan Bongino paid his respects at the Wall of Honor, honoring the brave members of the #FBI who made the ultimate sacrifice and reflecting on the legacy of those who paved the way in the pursuit of justice and security,” the FBI said in a post on X. (@FBI on X)
Bongino spoke publicly about the personal toll of the job during a May appearance on “Fox & Friends,” saying he had sacrificed a lot to take the role.
“I gave up everything for this,” he said, citing the long hours both he and FBI Director Kash Patel work.
“I stare at these four walls all day in D.C., by myself, divorced from my wife — not divorced, but I mean separated — and it’s hard. I mean, we love each other, and it’s hard to be apart,” he added.
The FBI’s J. Edgar Hoover headquarters building in Washington on Nov. 2, 2016. (AP Photo/Cliff Owen, File)
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Bongino’s departure leaves Andrew Bailey, who was appointed co-deputy director in September 2025, as the bureau’s other deputy director.
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