Politics
Column: The presidential race won't be over on election night. Here's what can go wrong after that
The presidential election is still too close to call, but here are three predictions you can take to the bank:
First, we won’t know who won on election night. Three potentially decisive states — Arizona, Pennsylvania and Wisconsin — are notoriously slow at counting. A winner may not emerge before the end of the week.
Second, no matter who wins, Donald Trump will charge that the vote was rigged. He made that claim in 2020, when he lost decisively to Joe Biden. He claimed (again without evidence) that he was robbed of popular votes in 2016, even though he won the election. He has already charged that Democrats will cheat this year. “It’s the only way they’re going to win,” he claimed.
Third, if Trump loses, he will challenge the outcome in the courts, just as he did in 2020. “It’s not over on election day; it’s over on inauguration day,” Trump campaign manager Chris LaCivita said earlier this year. So get ready for long and bitter legal battles that could end up in the Supreme Court with its Trump-friendly majority.
We’ve been here before. Four years ago, Trump tried to undo Biden’s election with a barrage of legal challenges that failed. He asked Republican state legislators to overturn results and demanded that then-Vice President Mike Pence block the count of electoral votes. All refused. A mob of angry, deluded Trump supporters tried to stop the process by invading the Capitol on Jan. 6, 2021; that failed, too.
The guardrails of democracy held — and legal scholars say those guardrails are a little stronger now.
“I’m very confident that the candidate who wins on Nov. 5 will be inaugurated on Jan. 20,” said Justin Levitt, who teaches election law at Loyola Law School in L.A. But a lot can happen between those two dates, he warned.
“There can be litigation. There can be delays. There will be a lot of misinformation, some of it spread on purpose,” he said. “There are real opportunities for unrest, maybe even violence.”
Here are four scenarios in which a close election could run into trouble:
Asking the courts to decide
“There is always the risk of another Bush v Gore,” Rick Hasen of UCLA Law School wrote recently, referring to the 2000 Supreme Court decision that decided that year’s presidential election between George W. Bush and Al Gore. “If the election comes down to a few thousand votes or less in a state that is crucial for an electoral college victory, then we’ll expect both sides to litigate as hard as they can.”
In Pennsylvania, for example, Republicans filed a lawsuit complaining the state’s rules for accepting absentee ballots that arrive with small errors, like a missing date on the envelope, are too lenient. The state Supreme Court left it up to the state’s 67 counties to decide how to handle the ballots.
If those ballots could swing the election, the Trump campaign could argue that it’s unfair for counties to adopt different rules. A similar issue prompted the high court to act in Bush vs. Gore.
Republicans have already filed more than 100 lawsuits challenging election rules in several states to improve their chances after election day.
Refusing to certify results
What if local officials refuse to certify election results they don’t like?
Most legal scholars say courts are almost certain to knock down those attempts — but they could still lead to delays, legal battles and potential unrest.
The once-obscure issue of certification achieved more notoriety after Georgia’s Republican-led election board issued new rules requiring county officials to investigate potential irregularities before they certify results.
Certification has traditionally been an administrative action in which election boards merely confirm that the compiled results match up with what precincts have reported. Investigating allegations of irregularity or fraud is up to law enforcement agencies, not election boards.
In several counties around the country, pro-Trump election officials have briefly refused to certify election results, but courts have uniformly ruled against them. Two Georgia courts have already ruled that the state election board’s new rules are invalid.
“Certification is not likely to produce a [constitutional] crisis,” said Edward Foley, a leading election law expert at Ohio State University. “The courts are going to handle it as they already do.”
The danger of violence
But all those challenges raise the prospect of violence.
On Jan. 6, 2021, Trump told his followers: “If you don’t fight like hell, you won’t have a country anymore.”
This year, he has revived that warning, telling supporters that the stakes of the election are existential — literally. Last month, in Wisconsin, he told a rally that if he doesn’t win, migrants “will walk into your kitchen. They will cut your throat.”
“You won’t have a country anymore,” he said, again.
Violence is always possible, even likely. Trump has already been the target of two assassination attempts. But law enforcement agencies have spent four years preparing to protect polling places, tabulation centers, election officials and judges.
Detroit’s tabulation center, which Trump claimed (without evidence) was a hotbed of fraud, has been outfitted with bulletproof glass. Maricopa County, Ariz., where election officials have been attacked by pro-Trump zealots, is stationing snipers on the roof. The U.S. Capitol Police have worked to ensure that Jan. 6 cannot recur.
In the end, election law scholars say violence need not derail the outcome.
“I do worry about it,” said Levitt. “We live in a climate where some people consider threats of violence an acceptable tactic. … But it’s not going to affect the outcome of the election any more than it did on January 6.”
Congress gets the final say — again
Under the Constitution, Congress formally counts the electoral votes on Jan. 6. That normally ceremonial process almost went off the rails in 2021, when Trump urged Republicans to block legitimately elected Biden electors from swing states. Two-thirds of House Republicans supported the scheme, but Democrats and moderate Republicans quashed it.
That scenario is less likely to recur, thanks to a law Congress passed in 2022, making it harder to challenge electoral votes and clarifying that the vice president has no power to direct the outcome.
Still, if one-fifth of the members of each chamber object to a state’s electoral votes, both houses must vote to accept or reject them. If both chambers have GOP majorities, the outcome could come down to a handful of moderate Republicans like Sens. Susan Collins of Maine and Lisa Murkowski of Alaska.
There’s also a wild card in the list of potential nightmares: What happens if the electoral vote is a tie, 269 to 269?
In that case, the House of Representatives would choose the next president under a rule that would favor Republicans. Instead of a normal vote by individual members of the House, each state’s House delegation would get one vote — meaning California and North Dakota would get equal weight. In the current House, 26 states have mostly Republican House members; only 22, including California’s, are dominated by Democrats. (Two states are evenly divided.)
A tie hasn’t happened since 1800, when Thomas Jefferson tied with Aaron Burr. (Jefferson won the runoff.) Polymarket, a prediction market, puts the odds of a tie this year at 4%.
Misinformation will remain a danger
This is not a “both sides” issue. Only one party has told its followers that if it loses, the only possible reason will be that the election was stolen.
It doesn’t seem to matter whether the challenges are plausible. In 2020, they weren’t, as evidenced by Trump’s long string of losses in the courts. But polls this month have found that most GOP voters believe election fraud is likely to occur this year even though no significant instances have been proven in decades.
Claiming that every election is rigged is not only part of Trump’s political message; it has become part of his business model.
Last time, he raised more than $250 million after election day with his claims. Only $13 million of those donations funded legal efforts to reverse the result. The rest went into Trump’s political coffers, giving him an early start toward his next campaign.
And the misinformation Trump has cultivated won’t go away after inauguration day. He has made bitter post-election battles a durable feature of American politics.
“It is profoundly unhealthy for democracy,” said Levitt. “It is a long-term cancer in the system.”
Read more McManus columns on the election:
Politics
Video: Senate Republicans Block Limits to Trump’s War Powers
new video loaded: Senate Republicans Block Limits to Trump’s War Powers
transcript
transcript
Senate Republicans Block Limits to Trump’s War Powers
Senate Republicans voted against a Democratic bill that would have required President Trump to obtain congressional authorization to continue waging war against Iran.
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“The yeas are 47. The nays are 53. The motion to discharge is not approved.” “President Trump decided to attack Iran. That decision was profound, deliberate and correct. The president understands the weight of war.” “Why is Donald Trump hellbent on making history repeat itself? Why is he plunging America headfirst into a war that Americans do not want, and which he cannot even explain? The American people deserve a say, and that is what our resolution is about.”
By Shawn Paik
March 5, 2026
Politics
DHS defends McLaughlin against allegations husband’s company profited millions from ad contracts: ‘Baseless’
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EXCLUSIVE: Newly obtained financial statements shed light on claims that former Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin’s husband’s company made millions from a DHS advertising campaign.
DHS Secretary Kristi Noem faced intense questioning during a Senate Judiciary Committee hearing Tuesday, and Sen. John Kennedy, R-La., specifically called out the agency for contracting a public relations firm headed by McLaughlin’s husband, Benjamin Yoho.
“I have personally reviewed the allegations against Ms. McLaughlin, and I find them to be baseless,” DHS General Counsel James Percival told Fox News Digital. “Nothing illegal or unethical occurred with respect to these contracts. Ms. McLaughlin was not involved in selecting any subcontractors.
“She is, however, a superstar in the public affairs world, so I am not surprised that she married a successful businessman whose services were attractive to these outside firms.”
Newly obtained financial statements address allegations that former Department of Homeland Security Assistant Secretary Tricia McLaughlin’s husband’s firm improperly profited from a multimillion-dollar DHS ad campaign. Lawmakers pressed Secretary Kristi Noem over the contracts during a heated Senate hearing. (Jack Gruber/USA Today)
Kennedy alleged that Yoho’s firm, The Strategy Group, “got most of the money” out of what the Louisiana Republican senator says was $220 million in “television advertisements that feature [Noem] prominently.”
“I’m sorry,” Kennedy said. “Safe America Media was a company formed 11 days before you picked them. And that the Strategy Group got most of the money. And the head of that is married to your former spokesperson.”
“It’s just hard for me to believe knowing the president as I do, that you said, ‘Mr. President, here’s some ads I’ve cut, and I’m going to spend $220 million running them,’ that he would have agreed to that,” Kennedy explained. “I don’t think Russ Vought at OMB [Office of Management and Budget] would have agreed to that.”
‘YOU SHOULD BE ASHAMED!’: PROTESTER DRAGGED FROM KRISTI NOEM’S SENATE HEARING
Senate scrutiny intensified over a DHS advertising campaign after Sen. John Kennedy, R-La., questioned whether a firm linked to McLaughlin’s husband benefited unfairly. DHS officials and the company deny any wrongdoing or multimillion-dollar profits. (Andrew Harrer/Bloomberg via Getty Images)
The Strategy Group is a conservative advertising agency for which Yoho serves as CEO.
Figures obtained by Fox News Digital show a slightly lesser total advertising expenditure of approximately $185 million, with a total of roughly $146.5 million going to a campaign called “Save America.”
However, of the total that went to “Save America,” roughly $348,000 went to production costs, while the remaining $142 million went to “media buys.”
Sources at DHS say that media buys are the cost of actually buying the ads themselves, whether purchased from social media or for a TV ad.
Kennedy also alleged that the bidding process for the contracts never took place and that Safe America Media’s recent founding was a cause for concern and collusion between McLaughlin and her husband’s business.
WATCH THE MOST VIRAL MOMENTS AS KRISTI NOEM’S HEARING GOES OFF THE RAILS
Debate over DHS’ “Save America” ad campaign intensified as senators challenged its costs and contractor ties, even as agency officials touted the initiative as a historic success in promoting self-deportation. (Graeme Sloan/Getty Images)
“Yes they did,” Noem responded during the hearing. “They went out to a competitive bid, and career officials at the department chose who would do those advertising commercials.”
The Strategy Group posted to X Tuesday that it never had a contract with the department. While it did receive several hundred thousand dollars for production costs associated with the advertising campaigns, The Strategy Group never made millions.
“The Strategy Group has never had a contract with DHS,” the post said. “We had a subcontract with Safe America [Media] for limited production services. Safe America paid us $226,137.17 total for 5 film shoots, 45 produced video advertisements and 6 produced radio advertisements.
DHS SPOKESWOMAN TRICIA MCLAUGHLIN TO LEAVE TRUMP ADMIN, SOURCE CONFIRMS
Critics raised concerns about potential conflicts of interest in a high-dollar DHS advertising effort, but department representatives say McLaughlin recused herself and that subcontracting decisions were made independently. (AP Photo/Jose Luis Magana, File)
“If you’re going to try to question our integrity, bring actual evidence — we did,” the post concluded.
Because these ads were purchased using public funds, all contract totals are publicly available.
Lauren Bis, who took up the role of assistant secretary once McLaughlin left office, told Fox News Digital Tuesday that scrutiny from Republicans and Democrats over the advertising spending was unjustified because the campaigns resulted in “the most successful ad campaign in U.S. history.”
“Sanctuary politicians are attacking this ad campaign because it has been successful in CLOSING our borders and getting more than 2.2 million illegal aliens to LEAVE the U.S.,” Bis said.
“The DHS domestic and international ad campaign was the most successful ad campaign in U.S. history. The results speak for themselves: 2.2 million illegal aliens self-deported, and we now have the most secure border in American history.”
KRISTI NOEM TO FACE SENATE GRILLING OVER MINNEAPOLIS SHOOTINGS AS DHS SHUTDOWN HITS WEEK 3
The Trump administration reaffirmed that all illegal immigrants are eligible for deportations as they focus on arresting violent criminals first. (Raquel Natalicchio/Houston Chronicle via Getty Images)
Bis also compared the cost of arresting and deporting an illegal migrant to that of the minimal cost of an illegal migrant self-deporting. The department says the advertising campaign played a key role in marketing self-deportation.
A spokesperson at DHS also told Fox News Digital that contractors decide who they hire, fulfilling the terms of a contract, not the department itself.
“By law, DHS cannot and does not determine, control or weigh in on who contractors hire or use to fulfill the terms of the contract,” a DHS spokesperson told Fox. “Those decisions are made by the contractor alone. We have only become aware of these companies because of this inquiry and did not hire those companies.”
The spokesperson also noted that McLaughlin “recused herself” from interactions with subcontractors to avoid “any perceived appearance of impropriety.”
“Upon hearing who the subcontractors were for production of the ad, Ms. McLaughlin recused herself from any interaction or engagement with any subcontractors to avoid any perceived appearance of impropriety,” the spokesperson continued. “DHS Office of Public Affairs is the program officer. Ms. McLaughlin oversees the DHS Office of Public Affairs, which is simply the vehicle for this contract.”
Department of Homeland Security Secretary Kristi Noem takes her seat as she arrives to testify during a Senate Judiciary Committee hearing Tuesday on Capitol Hill in Washington, D.C. (Jim Watson/AFP via Getty Images)
McLaughlin told Fox News Digital the criticism of her and her family by senators at the hearing is a matter of public manipulation.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
“This is yet another example of politicians intentionally trying to dupe and manipulate the public to try to manufacture division and anger,” McLaughlin told Fox News Digital. “The ad spend and contracts are a matter of public record, and the process was done by the book.
“These politicians would rather smear private citizens and American small businesses than do any basic research.”
Fox News Digital’s Alexandra Koch contributed to this report.
Politics
Senate rejects war powers measure to withdraw forces from Iran
WASHINGTON — Senate Republicans blocked a war powers resolution Wednesday designed to withdraw U.S. forces from hostilities in Iran, as the Trump administration accelerates its military campaign in a conflict that has killed hundreds, including at least six American service members.
The motion failed in a vote of 47-53.
In addition to pulling out military resources from the Middle East, the measure — introduced by Sens. Chuck Schumer (D-N.Y.), Adam Schiff (D-Calif.) and Tim Kaine (D-Va.) — would have required Congress’ explicit approval before future engagement with Iran, a power granted to the legislative branch in the Constitution.
The House, where Republicans also hold an advantage, is scheduled to weigh in on a similar measure Thursday. Even if both Democratic-led measures were to succeed, President Trump was widely expected to veto the legislation.
“We are doing very well on the war front, to put it mildly,” President Trump said at a White House event on Wednesday afternoon. The president, who has come under scrutiny for offering shifting explanations on the war’s endgame, said that if he was asked to scale the American military operation from one to 10, he would rate it a 15.
Democrats dispute that Trump possesses the authority to wage the ongoing operation in Iran without explicit congressional approval.
Acknowledging the measure was unlikely to succeed, they framed the vote as a strategy to force lawmakers to put their support for or opposition to the war on record.
“Today every senator — every single one — will pick a side,” Schumer said. “Do you stand with the American people who are exhausted with forever wars in the Middle East, or stand with Donald Trump and Pete Hegseth as they bumble us headfirst into another war?”
Senate Majority Leader John Thune (R-S.D.) and most of his Republican colleagues have maintained that the president carried out a “pre-emptive” and “defensive” strike in Iran, giving him full authority to continue unilateral military operations.
Republicans saw the vote as the “last roadblock” stopping Trump from carrying out his mission against the Islamic Republic.
“I think the president has the authority that he needs to conduct the activities and operations that are currently underway there. There are a lot of controversy and questions around the war powers act, but I think the president is acting in the best interest of the nation and our national security interests,” Thune said at a news conference.
Senators largely held to party loyalties, with the exception of Kentucky Republican Rand Paul, who broke ranks to support the measure, and Pennsylvania Democrat John Fetterman, who opposed it.
The vote comes as Defense Secretary Pete Hegseth said Wednesday that the war against Iran is “accelerating,” with American and Israeli forces expanding air operations into Iranian territory. He pointed to evidence released by U.S. Central Command of a submarine strike on an Iranian warship, and also lauded other strikes throughout the region as civilian casualties in Iran surpassed 1,000 on the fourth day of the conflict, according to rights groups.
“We’re going to continue to do well,” Trump said Wednesday. “We have the greatest military in the world by far and that was a tremendous threat to us for many years. Forty-seven years they’ve been killing our people and killing people all over the world, and we have great support.”
Republicans blocked a similar war powers vote in January after the president ordered U.S. special forces to capture and extradite Venezuelan President Nicolás Maduro in Caracas on drug trafficking charges.
GOP leaders argued that the outcome of that mission equated to a quick success in the Middle East, despite an uncertain timeline from the Department of Defense.
In the House, lawmakers will vote on a separate war powers effort Thursday. That bill is led by Rep. Ro Khanna (D-Calif.) and Rep. Thomas Massie (R-Ky.), the two lawmakers who authored the Epstein Files Transparency Act.
“Instead of sending billions overseas, we need to invest in jobs, healthcare, and education here,” Khanna said on X.
In addition to that proposal, moderate Democrats in the House have introduced a separate resolution that would give the administration a 30-day window to justify continued hostilities in the Middle East before requiring a formal declaration of war or authorization from Congress.
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