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Column: Donald Trump was just fined for contempt of court. Could he go to jail next time?

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Column: Donald Trump was just fined for contempt of court. Could he go to jail next time?

Judge Juan M. Merchan has, in his soft-spoken but hard-nosed way, told Donald Trump something no other court has over the course of his many civil and criminal cases: He’s down to his last chance.

Merchan ruled Tuesday on contempt motions brought by the Manhattan district attorney’s office in response to Trump’s serial violation of a gag order prohibiting public statements about witnesses, jurors and others connected to the hush money case. The judge was calm, straightforward and utterly undramatic in announcing that he had found violations in nine of the 10 instances cited by prosecutors.

It was Merchan’s written order that contained the thunder. It forcefully and convincingly rejected Trump’s arguments that the order permits him to respond to supposed political attacks or excludes reposting of others’ social media comments. (It was when Trump lawyer Todd Blanche made those arguments in court that Merchan ominously warned he was in danger of “losing all credibility.”)

Merchan really lowers the boom near the end of the written ruling, advising Trump in no uncertain terms that if he insists on forcing the judge’s hand, he is prepared to put him in jail.

“Defendant is hereby warned,” Merchan wrote, “that the Court will not tolerate continued willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment.”

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That’s appropriate given the limited legal tools at Merchan’s disposal.

Other courts, for example the federal court handling the Jan. 6 case, can take several intermediate steps to manage a recalcitrant defendant. And those courts have done back flips to avoid putting Trump in jail, being very aware of the political cyclone it could occasion.

But Merchan’s court is more constrained. New York law essentially gives him the option of a fine of up to $1,000 for each act of contempt or a jail term of up to 30 days.

And as Merchan wrote, “While $1,000 may suffice in most instances to protect the dignity of the judicial system, to compel respect for its mandates and to punish the offender for disobeying a court order,” it doesn’t do the trick in the case of a defendant as wealthy as Trump.

Given this dilemma, Merchan could go through several rounds of thousand-dollar fines. But he left it to Trump to decide whether to play the martyr and go to jail for political reasons.

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If the former president is determined to continue on his defiant course, Merchan’s unavoidable responsibility will be to have him ushered to a jail cell, beginning perhaps with a short stay in the holding cell at the back of his court. The judge must recognize that his credibility and that of the proceedings are at risk if he lets Trump continue to thumb his nose at his orders without more serious consequences.

Merchan has already scheduled a hearing Thursday to adjudicate four additional alleged instances of contempt on Trump’s part. Don’t expect him to put Trump in custody for those: They occurred before he had issued the clear warning in Tuesday’s opinion.

But if Merchan does find those to be more willful violations of his orders, they look to be the last he will tolerate without a dramatic escalation of the penalties. The lines are drawn; Trump is almost out of chances and knows it.

The defendant may nevertheless dare Merchan, as he did another judge threatening to jail him, to “make my day.” But he had better not be bluffing, because he’s up against a judge who isn’t.

Harry Litman is the host of the “Talking Feds” podcast and the Talking San Diego speaker series. @harrylitman

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Contributor: The stars align for Democrats in Texas. Trump is helping them

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Contributor: The stars align for Democrats in Texas. Trump is helping them

If Democrats expect to flip a U.S. Senate seat in Texas, they’ll need all the stars to align. This almost never happens, because politics has a way of scrambling the constellations. But on Tuesday, the first star blinked on.

I’m referring to state Rep. James Talarico’s victory over Rep. Jasmine Crockett in the Democratic primary. Most political prognosticators agree that Talarico, an eloquent young Democrat who speaks openly about his Christian faith, is their best hope in a red state that Donald Trump won by 14 points.

The second star was Crockett’s conciliatory concession — far from a foregone conclusion after a nasty primary — in which she pledged to “do my part,” adding that “Texas is primed to turn blue, and we must remain united because this is bigger than any one person.”

The third star — a vulnerable Republican opponent — has not yet appeared over the Texas sky, although forecasters say it might.

Most observers agree that scandal-plagued Atty. Gen. Ken Paxton would be beatable in the general election, while incumbent Sen. John Cornyn would present a much tougher challenge. Cornyn is the kind of steady, conventional politician who tends to win elections, and so, of course, modern voters are extremely suspicious of him.

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In the GOP primary on Tuesday, Cornyn’s 42% share of the vote edged out Paxton by about a point. Unfortunately for Republicans, neither candidate garnered enough votes to avoid a May 26 runoff election.

Conventional wisdom suggests that when a majority of Republican voters choose someone other than the incumbent in the first round of voting, an even greater majority will inevitably break toward the challenger in the runoff. If that happens, Paxton would become the nominee, and Democrats would get their third star to align.

Even better for Democrats — a fourth star, so to speak — would be for this protracted runoff to become a “knife fight,” as one Texas Republican predicted, in which Paxton staggers out of the fight as the battered GOP nominee.

The only problem is that Republicans can see these stars aligning, too.

And while the Texas Senate seat matters a lot on its own, it matters even more in the context of nationwide midterm elections, in which a Texas win would help Democrats take back the Senate.

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Enter the cavalry — or, more accurately, President Trump, who is now entering a second war in the span of a week, this one a civil war in the Lone Star State.

The day after the primary, Trump announced that he would be “making my Endorsement soon, and will be asking the candidate that I don’t Endorse to immediately DROP OUT OF THE RACE!”

Reports suggest Trump may endorse Cornyn in order to save the seat for Republicans. But who knows? Trump is famously unpredictable. And it’s likely he admires Paxton’s ability to survive scandals that would have caused most normal politicians to curl up in the fetal position. As they say, “game recognizes game.”

Whomever he backs, conventional wisdom also says Trump should make his endorsement “soon,” as he promised. That would save Republicans a lot of time and money. But Trump currently has enormous leverage. Right now, people are coming to him, pleading for his support.

Do you think he wants to resolve that situation quickly?

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Me neither.

With Trump, you never know what you’re going to get. In 2021, he helped torpedo Republican Senate candidates David Perdue and Kelly Loeffler in Georgia, handing Democrats control of the Senate. The following year he backed football legend Herschel Walker in another Georgia Senate race, which did not exactly work out great. Democrat Raphael Warnock won and holds that seat, though Walker is now ambassador to the Bahamas so that’s something.

This is to say: Trump’s political assistance does not always assist.

It’s unclear whether Trump’s endorsement would be dispositive — and whether he could muscle the other Republican out of the primary race.

Paxton, for example, initially vowed to stay in the race, no matter what. (He later suggested he would “consider” dropping out if the Senate passes the SAVE America Act, a bill to require proof of citizenship to vote.)

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There’s also this: Trump’s endorsements tend to either be made out of vengeance or to pad the totals of an already inevitable winner, so his track record is probably overrated.

Case in point: While most of his endorsed candidates won their Texas elections, his endorsed candidate for agriculture commissioner lost reelection. And according to the Texas Tribune, “at least three Trump-endorsed candidates for Congress were headed to runoffs, one of them in a distant second place.”

Another issue is that Cornyn needs more than a perfunctory endorsement: He needs a clear, full-throated endorsement.

In a 2022 Missouri Senate race, Trump endorsed “ERIC,” which was awkward because two candidates named Eric were running.

More recently, he endorsed two rival candidates in the same 2026 Arizona gubernatorial race — like betting on both teams in the Super Bowl.

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This is all to say that the only thing standing between Texas Democrats and a rare celestial alignment may be the whims of the Republican Party’s one and only star.

Sure, establishment Republicans can beg Trump to quickly step in and settle the race, and maybe he will. But it’s entirely possible the president will find a way to blow up his party’s chances for holding the U.S. Senate — and there’s nothing they can do to stop him.

When you’re a star, they let you do it.

Matt K. Lewis is the author of “Filthy Rich Politicians” and “Too Dumb to Fail.”

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Video: President Fires Noem as Homeland Security Secretary

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Video: President Fires Noem as Homeland Security Secretary

new video loaded: President Fires Noem as Homeland Security Secretary

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President Fires Noem as Homeland Security Secretary

President Trump fired Kristi Noem, his embattled homeland security secretary, on Thursday and announced his plans to replace her with Senator Markwayne Mullin of Oklahoma.

“The fact that you can’t admit to a mistake which looks like under investigation is going to prove that Ms. Good and Mr. Pretti probably should not have been shot in the face and in the back. Law enforcement needs to learn from that. You don’t protect them by not looking after the facts.” “Our greatness calls people to us for a chance to prosper, to live how they choose, to become part of something special. Anyone who searches for freedom can always find a home here. But that freedom is a precious thing, and we defend it vigorously. You crossed the border illegally — we’ll find you. Break our laws — we’ll punish you.” “Did you bid out those service contracts?” “Yes they did. They went out to a competitive bid.” “I’m asking you — sorry to interrupt — but the president approved ahead of time you spending $220 million running TV ads across the country in which you are featured prominently?” “Yes, sir. We went through the legal processes. Did it correctly —” Did the president know you were going to do this?” “Yes.” “I’m more excited about just ready to get started. There’s a lot of work we can do to get the Department of Homeland Security working for the American people.”

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President Trump fired Kristi Noem, his embattled homeland security secretary, on Thursday and announced his plans to replace her with Senator Markwayne Mullin of Oklahoma.

By Jackeline Luna

March 5, 2026

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DOJ continues Biden autopen probe despite former president unlikely to face charges

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DOJ continues Biden autopen probe despite former president unlikely to face charges

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The Department of Justice (DOJ) is continuing its investigation into former President Joe Biden’s use of an autopen in the final months of his administration — focusing on pardons and commutations — though a senior official said Biden is unlikely to face criminal exposure.

A senior DOJ official told Fox News the autopen investigation is ongoing and not closed, adding investigators are reviewing clemency actions taken in the final months of the Biden administration.

The official also pointed out, however, that the use of an autopen by a sitting president is “established law.”

The issue under review is whether the autopen was used in violation of the law, specifically, whether Biden personally approved each name included on pardon and commutation lists.

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A framed portrait shows former President Joe Biden’s signature and an autopen along “The Presidential Walk of Fame” outside the Oval Office of the White House.  (Andrew Harnick/Getty Images)

“These types of cases are tough. Executive privilege issues come into play,” the official said.

What is also clear, the official indicated, is that the target of any potential prosecution would not likely be Biden.

“It’s hard to imagine how [Biden] could be criminally liable for pardon power,” the senior DOJ official said.

BIDEN’S AUTOPEN PARDONS DISTURBED DOJ BRASS, DOCS SHOW, RAISING QUESTIONS WHETHER THEY ARE LEGALLY BINDING

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The use of the autopen by former President Joe Biden remains under investigation. (AP Photo)

The official noted that one reason the former president would be unlikely to face charges stems from a 2024 Supreme Court ruling that originally involved current President Donald Trump but would also apply to Biden.

“We conclude that under our constitutional structure of separated powers, the nature of Presidential power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office,” the Supreme Court ruled in Trump v. United States in 2024. 

“At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute.”

Sources familiar with the matter told Fox News Digital that U.S. Attorney Jeanine Pirro’s team continues to review the Biden White House’s reliance on an autopen, contradicting a recent New York Times report that indicated the investigation had been paused.

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DOJ SIGNALS IT’S STILL DIGGING INTO BIDEN AUTOPEN USE DESPITE REPORTS PROBE FIZZLED

President Donald Trump has pushed for consequences for former President Joe Biden’s alleged use of the autopen. (Julia Demaree Nikhinson/AP Photo)

Trump has pushed for consequences over the autopen controversy, alleging on social media that aides acted unlawfully in its use and raising the prospect of perjury charges against Biden.

Biden has rejected those claims, saying in a statement last year he personally directed the decisions in question.

“Let me be clear: I made the decisions during my presidency,” Biden said. “I made the decisions about the pardons, executive orders, legislation and proclamations. Any suggestion that I didn’t is ridiculous and false.”

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The House Oversight Committee has homed in on Biden’s clemency actions, including five controversial pardons for family members in the final days of his presidency, citing what it described as a lack of “contemporaneous documentation” confirming that Biden directly ordered the pardons.

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The committee asked the DOJ to investigate “all of former President Biden’s executive actions, particularly clemency actions, to assess whether legal action must be taken to void any action that the former president did not, in fact, take himself.”

Fox News Digital’s Ashley Oliver contributed to this report.

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