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Column: Lock him up? Donald Trump's crimes present a challenge for Kamala Harris' campaign

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Column: Lock him up? Donald Trump's crimes present a challenge for Kamala Harris' campaign

When Hillary Clinton referred to Donald Trump’s 34 criminal convictions during last week’s Democratic National Convention, a loud chant of “Lock him up!” arose from the crowd. Clinton, the target of countless “Lock her up!” chants stoked by Trump eight years ago, permitted herself a nod and a smile.

There’s no gainsaying the hunger of many in the crowd at Chicago’s United Center, and of Democrats across the country, to see Trump behind bars. They wish it for many reasons: as condign punishment for his crimes against democracy, the subject of a new federal indictment filed Tuesday; payback for his exploitation of the criminal justice system for his own ends; petty vengeance against an obnoxious antagonist; and a means of ridding the country of his toxic presence.

The yearning to see Trump brought down is one component of the wave of enthusiasm that has so dramatically boosted Kamala Harris’ candidacy over the last month. In fact, Harris has stoked that desire in at least a limited way. Her standard stump speech includes the sure ovation bait, “I took on perpetrators of all kinds. … So hear me when I say: I know Donald Trump’s type.”

Speaker after speaker at the convention likewise brought up Trump’s list of proven and alleged crimes. They also repeatedly invoked Project 2025, the Heritage Foundation agenda suggesting Trump intends to convert the Department of Justice to an instrument of political retribution against his enemies.

But for Harris, a top official in the government carrying out two of Trump’s prosecutions, her supporters’ lust to see Trump locked up is a tricky topic. There is a fine but crucial distinction between calling out Trump’s criminal conduct and calling for him to be “locked up.” To date, she has been able to walk that tightrope effectively.

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When the vice president confronted the same chant at political rallies in Wisconsin and Pennsylvania earlier this month, she was quick with a response that was markedly different from Clinton’s: “We’re gonna let the courts handle that. Our job is to beat him in November.”

Politically and ethically, that was precisely the right answer.

It’s right partly because of the clear contrast with Trump. It immediately puts Harris on the opposite side of the spectrum from Trump’s animating spirit of petty nastiness.

More than that, calling for the imprisonment of one’s political opponents — particularly when, as with Clinton, they have not been charged with or convicted of any crime — is a defining trait of a banana republic. And as the scholars Steven Levitsky and Daniel Ziblatt have persuasively documented, Trump’s first term pulled the United States sharply in that direction.

In addition, even the slightest tangible sign of official support for incarcerating Trump is likely to breed complications in the actual cases. Trump would seek to leverage it to support his claim that the charges against him amount to a political railroading.

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Most important for the current campaign, Harris’ careful retort to the crowd brandishes her institutionalist credentials. Our democracy is designed to depend on neutral arbiters — namely, the courts — to deprive citizens of liberty, not the say-so of a ruler. That principle is especially fundamental to a prosecutor — the professional experience Harris is leading with as a candidate — who must not confuse her zeal with the law’s judgment.

It’s particularly fitting for Harris to insist on confidence in the courts. Their reputation — especially the Supreme Court’s — has declined precipitously in the Trump era based on the growing perception that they can be bent to the will of the powerful.

Harris is announcing to the country that although she is seeking power, she believes her power should be constrained by the checks and balances that Trump openly flouted — even if her supporters might wish it otherwise for the purposes of punishing an adversary.

Harris’ stance is not a given. Unlike Clinton in 2016, Trump is a convict as well as a criminal defendant in three additional cases. Harris could take the position that now that a jury has decided his guilt, a judge should impose a certain sentence — or that he deserves to be convicted in the other cases against him. But that too would put her in the role of telling the courts what they should do. Avoiding that appearance is more important — and more commendable — than revving up Trump haters.

Harris has been performing other delicate balancing acts in her young campaign: talking tough on borders but welcoming legitimate asylum seekers; affirming Israel’s right to exist but calling for an end to hostilities in Gaza; embracing President Biden while presenting herself as the change candidate.

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Of course, one problem with walking a high wire is that your opponent can try to knock you off. And we can expect Trump and his surrogates to continue to suggest that Harris is trying to “lock him up” for political purposes.

But as a longtime prosecutor, Harris is well practiced at leveling harsh accusations while insisting on the indispensable institutional role of juries and courts in the ultimate decisions. That experience should continue to serve her well.

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

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Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

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Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.

The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.

The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.

The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.

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PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS

The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)

Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.

But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.

“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.

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Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.

The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.

Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)

Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.

The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.

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“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.

The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”

ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES

Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)

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Raoul and his staff are reviewing the DOJ’s complaint.

“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”

The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.

The Associated Press contributed to this report.

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.

Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.

The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.

In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.

The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”

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That phrase turned out to be crucial.

Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.

“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.

That standard will rarely be met, the court added.

“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.

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“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.

Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.

Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.

Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.

Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”

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California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.

“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”

The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.

But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.

Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”

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The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.

Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.

By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.

Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.

“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.

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Illinois state lawyers disputed the administration’s account.

“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.

The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”

But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”

Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.

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A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.

His brief prompted the court to ask both sides to explain their view of the disputed provision.

Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.

If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.

State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.

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Video: Trump Announces Construction of New Warships

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Video: Trump Announces Construction of New Warships

new video loaded: Trump Announces Construction of New Warships

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Trump Announces Construction of New Warships

President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.

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President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

By Nailah Morgan

December 23, 2025

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