Politics
Column: The Supreme Court's all-important Jan. 6 decisions will be tainted
America, we have a(nother) constitutional crisis on our hands.
Amid all the well-warranted attention to Justice Samuel A. Alito Jr., who refuses to recuse himself from Jan. 6 cases despite reasonable doubt about his impartiality, spare some also for his equally ethics-challenged colleague Clarence Thomas, who’s stiffed similar recusal demands for more than two years.
Opinion Columnist
Jackie Calmes
Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.
Within weeks, the Supreme Court will decide two cases related to the unsuccessful 2021 insurrection and to Donald Trump’s role in events. No matter how the court decides, the outcomes will be widely questioned — because of the polluting participation of Alito and Thomas, the court’s most far-right members. And that’s a problem for a court whose public approval rating is already at historical lows in polls.
We now know that both justices’ spouses — the flag-loving Martha-Ann Alito and “Stop the Steal” foot soldier Ginni Thomas — have amply demonstrated their pro-Trump bias in ways that could not, and surely did not, go unnoticed by their husbands. Consequently, Justices Alito’s and Thomas’ “impartiality might reasonably be questioned” — the standard for recusal under toothless federal law — in cases involving Trump.
The objectivity of the full court, with its 6-3 right-wing supermajority, is suspect as well. In one of the two pending cases, the one involving Trump’s claim of immunity from criminal prosecution, the court has dragged matters out so long that he almost certainly won’t be tried before the 2024 election for trying to overturn Joe Biden’s 2020 victory.
That makes the court complicit — in appearance and probably in fact — in Trump’s unsubtle legal strategy: delay, delay, delay. How much of that foot dragging owes to Alito and Thomas? We can’t know, because of the court’s secretive inner workings. But we can reasonably question.
Chief Justice John G. Roberts Jr. is doing his part to maintain the court’s opacity. On Thursday he wrote to Sens. Richard J. Durbin of Illinois and Sheldon Whitehouse of Rhode Island, the chairmen of the Senate Judiciary Committee and its subcommittee on federal courts, respectively, rejecting their request to meet about court ethics. Roberts cited judicial independence and the separation of powers.
The chief can’t claim the high ground when his colleagues keep digging from below.
First, consider Alito, the scofflaw of the moment. The New York Times has reported that separate flags associated with groups that attacked the Capitol flew over his home outside Washington and at a beach getaway in New Jersey. Alito blames his wife, leaving more bus tracks on her back each time he addresses the matter, and absolves himself.
“No involvement whatsoever,” he said in a brief email to the New York Times, for its first story on the upside-down U.S. flag that waved at his house for days in January 2021, after the attack on the Capitol. Alito gave no response to the newspaper for its second story about a flag favored by pro-Trump Christian nationalists that fluttered at his beach house last summer. Yet he gave friendly Fox News an interview, and claimed his wife was provoked by a venomous spat with an anti-Trump couple on their block — an account that couple contradicted in a third New York Times story that was partly corroborated by neighbors, contemporaneous texts and a police report.
When Alito wrote to Durbin and Whitehouse, rejecting their request that he recuse from 2020 election cases, he said he’d asked his wife for several days to remove the inverted flag, but she refused. He emphasized his wife’s autonomy, her co-ownership of their house and her constitutional rights — and his own impotence: “There were no additional steps I could have taken to have the flag taken down more promptly.” Are justices so used to being catered to that Alito couldn’t take it down himself?
Now a brief refresher on Ginni Thomas’ shenanigans, which similarly elicited professions of cluelessness, powerlessness and respect for her independence from her hubby.
For weeks after Biden’s election, Ginni Thomas texted White House Chief of Staff Mark Meadows, forwarding conspiracy theories and imploring him to keep up the fight for Trump: “Do not concede. It takes time for the army who is gathering for his back.” She contacted Arizona Republicans to promote the fake electors scheme. On Jan. 6 she wrote on Facebook, “LOVE MAGA people!!!!” She joined in damning the House Jan. 6 committee as a “political persecution” of “citizens who have done nothing wrong.” And she condemned then-Vice President Mike Pence for certifying Biden’s election.
What did Clarence Thomas do? He repeatedly participated in Jan. 6-related cases and invariably sided with the pro-Trump parties.
Together the Thomas and Alito scandals underscore the revolting sense of impunity at the court among its life-tenured justices. Most public figures, those answerable to the voters, show some humility and remorse in the face of evident wrongdoing or embarrassment (at least they used to). Not these justices.
Part and parcel of their impunity is a petulant refusal to be accountable for their partners’ actions, when those activities cast the justices’ own fairness into doubt. Journalists can throw this stone: Reporters enter their careers accepting that they can’t sport political bumper stickers, lapel buttons, yard signs or flags, and they certainly can’t work for political causes. It’s not ethical. If a spouse works in politics, the reporter avoids covering stories their partner is involved in. I still live by the limits though I became an opinion columnist several years ago. In the decades I reported on Congress, the White House and campaigns, those in my household respected them as well.
It’s not too much to expect that justices demand their spouses do the same.
Alito and Thomas disagree. And so they, with Roberts, bring disgrace on the court. When the court soon rules on the Jan. 6 cases, its decisions will be historic not only for the substance but for the fact that two such conflicted justices took part. Shame on them.
@jackiekcalmes
Politics
Trump lists accomplishments, says ‘Radical Left Scum’ are ‘failing badly’ in Christmas message
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President Donald Trump used his Christmas Eve Truth Social post to tout his administration’s accomplishments and to bash those on the left whom he accused of trying to “destroy” the U.S.
“Merry Christmas to all, including the radical left scum that is doing everything possible to destroy our country, but are failing badly,” Trump wrote on Truth Social. “We no longer have open borders, men in women’s sports, transgender for everyone, or weak law enforcement. What we do have is a record stock market and 401K’s, lowest crime numbers in decades, no inflation, and yesterday, a 4.3 GDP, two points better than expected.”
“Tariffs have given us trillions of dollars in growth and prosperity, and the strongest national security we have ever had. We are respected again, perhaps like never before. God Bless America!!!,” the president added.
In the first year of Trump’s second term, the administration launched a sweeping crackdown on illegal immigration, introduced controversial tariffs, worked to cut DEI from government programs and took steps toward fulfilling other campaign promises.
TRUMP TAKES NORAD SANTA CALLS WITH CHILDREN, PRAISES ‘CLEAN, BEAUTIFUL COAL’ AND ‘HIGH IQ’ PERSON
President Donald Trump calls children as he participates in tracking Santa Claus’ movements with the North American Aerospace Defense Command (NORAD) Santa Tracker on Christmas Eve at the Mar-a-Lago resort on Dec. 24, 2025, in Palm Beach, Florida. This is the 70th year that NORAD has publicly tracked Santa’s sleigh on its global rounds. (Tasos Katopodis/Getty Images)
The Department of Homeland Security announced Wednesday that it had arrested 17,500 criminal illegal immigrants since Trump signed the Laken Riley Act in January 2025. In a separate DHS announcement, the department unveiled the “2025 Worst of the Worst Criminal Illegal Aliens,” saying that 70% of all ICE arrests are of illegal immigrants “convicted or charged with a crime in the U.S.”
DHS Secretary Kristi Noem said in a statement on the results of the Laken Riley Act that “President Trump has empowered us to arrest and remove the millions of violent criminal illegal aliens unleashed on the United States by the previous administration. Now, these criminals will face justice and be removed from our country.”
Trump’s Christmas Truth Social post on his administration’s accomplishments was also backed up by recent economic data. On Tuesday, the Bureau of Economic Analysis released its initial estimate of the third-quarter GDP, which showed the economy grew at an annualized rate of 4.3% in the three-month period including July, August and September.
President Donald Trump pumps his fist at Christmas Eve dinner at his Mar-a-Lago club, Wednesday, Dec. 24, 2025, in Palm Beach, Fla. (Alex Brandon/AP Photo)
OPINION: MELANIA TRUMP’S WHITE HOUSE CHRISTMAS IS A SHINING BEACON OF AMERICA
“Compared to the second quarter, the acceleration in real GDP in the third quarter reflected a smaller decrease in investment, an acceleration in consumer spending, and upturns in exports and government spending. Imports decreased less in the third quarter,” the BEA said.
While the president issued a cutting Christmas Eve statement on Truth Social, his official Christmas Day message was softer and more focused on the meaning of the holiday and the season.
In the statement, which was released by the White House on Thursday, Trump and first lady Melania Trump relayed their warm wishes to Americans while emphasizing the religious significance of Christmas.
The Trump administration launched a new website celebrating Christmas and the federal government’s contributions to the U.S. stretching back decades. (Alex Wong/Getty Images)
MELANIA TRUMP GIVES UPLIFTING MESSAGE ABOUT SANTA TO YOUNG KIDS AT HOSPITAL
“The First Lady and I send our warmest wishes to all Americans as we share in the joy of Christmas Day and celebrate the birth of our Lord and Savior, Jesus Christ,” the message reads.
Trump went on to recount the biblical story of Jesus’ birth in Bethlehem, calling it “the perfect expression of God’s boundless love and His desire to be close to His people.” The president then tied the story to the founding principles of the U.S.
“For nearly 250 years, the principles of faith, family, and freedom have remained at the center of our way of life. As President, I will never waver in defending the fundamental values that make America the greatest country in the history of the world—and we will always remain one Nation under God.”
President Donald Trump and first lady Melania Trump participate in calls to U.S. service members, on Christmas Eve, from the Mar-a-Lago club in Palm Beach, Florida, Dec. 24, 2025. (Andrew Caballero-Reynolds/AFP via Getty Images)
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The president also paid homage to U.S. servicemembers who are overseas and are unable to be with their families for the holiday. Trump thanked them for their service and sacrifice and their dedication to protecting Americans.
“We are grateful for their devotion, and we keep them and their loved ones close in our hearts.”
Trump ended his official message with a prayer for peace in the U.S. and across the globe, extending Christmas wishes to Americans and the world.
“During the Christmas season, we pray for an outpouring of God’s abiding love, divine mercy, and everlasting peace upon our country and the entire world,” he said.. “To every American, and to those celebrating around the globe, we wish you a very Merry Christmas!”
Politics
The battle for control of Warner Bros.: A timeline of key developments
Netflix and Paramount are locked in an epic tug-of-war for HBO and Warner Bros. — the historic film factory behind Batman, Harry Potter, Scooby-Doo, “Casablanca” and “The Matrix.”
Warner Bros. Discovery awarded the prize to Netflix, prompting Paramount to mount a hostile takeover bid valued at $108 billion for all of the Warner assets, which also include CNN, TBS, HGTV and TLC. The Larry Ellison-backed media company, run by his son David Ellison, has asked Warner shareholders to sell their shares to Paramount.
Warner Bros.’ sale has become the industry’s game of thrones.
The streaming king, Netflix, hopes to buy a chunk of the company — HBO, HBO Max, Warner Bros. film and TV studios and the 110-acre lot in Burbank — through its $82.7-billion deal. Not included are Warner’s basic cable channels, which are set to be spun off into a separate, publicly-traded company called Discovery Global.
Both deals would fundamentally reorder Hollywood and raise antitrust concerns. Netflix would boast more than 400 million subscribers worldwide, furthering its market dominance. And Paramount’s takeover would combine two major film studios and two leading news organizations, CNN and CBS News, under Ellison family control.
Here’s a look at how we got here:
Politics
Nearly 20 states sue HHS over declaration to restrict gender transition treatment for minors
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A group of 19 Democrat-led states and Washington, D.C., filed a lawsuit against the Trump administration over a declaration that aims to restrict gender transition treatment for minors.
The lawsuit against the U.S. Department of Health and Human Services; its secretary, Robert F. Kennedy Jr.; and its inspector general comes after the declaration issued last week described treatments such as puberty blockers, hormone therapy and gender surgeries as unsafe and ineffective for children experiencing gender dysphoria.
The declaration also warned doctors they could be excluded from federal health programs, including Medicare and Medicaid, if they provide these treatments to minors.
The move seeks to build on President Donald Trump’s executive order in January calling on HHS to protect children from “chemical and surgical mutilation.”
HHS UNLEASHES SWEEPING CRACKDOWN ON CHILD ‘SEX-REJECTING PROCEDURES,’ THREATENS HOSPITAL, MEDICAID FUNDING
The lawsuit was filed against the U.S. Department of Health and Human Services; its secretary, Robert F. Kennedy Jr.; and its inspector general. (Elizabeth Frantz/Reuters)
“We are taking six decisive actions guided by gold standard science and the week one executive order from President Trump to protect children from chemical and surgical mutilation,” Kennedy said during a press conference last week.
HHS has also proposed new rules designed to further block gender transition treatment for minors, although the lawsuit does not address the rules, which have yet to be finalized.
The states’ lawsuit, filed Tuesday in Eugene, Oregon, argues that the declaration is inaccurate and unlawful and urges the court to prevent it from being enforced.
“Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices,” New York Attorney General Letitia James, who led the lawsuit, said in a statement.
The lawsuit claims the declaration attempts to pressure providers into ending gender transition treatment for young people and circumvent legal requirements for policy changes. The complaint said federal law requires the public be given notice and an opportunity to comment before substantively amending health policy and that neither of these were done before the declaration was released.
HHS’ move seeks to build on President Donald Trump’s executive order in January calling on HHS to protect children from “chemical and surgical mutilation.” (Tom Brenner for The Washington Post via Getty Images)
The declaration based its conclusions on a peer-reviewed report that the department conducted earlier this year that called for more reliance on behavioral therapy rather than broad gender transition treatment for minors with gender dysphoria.
The report raised questions about standards for the treatment of transgender children issued by the World Professional Association for Transgender Health and brought concerns that youths may be too young to give consent to life-changing treatments that could result in future infertility.
Major medical groups and physicians who treat transgender children have criticized the report as inaccurate.
HHS also announced last week two proposed federal rules — one to cut off federal Medicaid and Medicare funding from hospitals that offer gender transition treatment to children and another to block federal Medicaid money from being used for these procedures.
HOUSE APPROVES MTG-SPONSORED BILL TO CRIMINALIZE GENDER TRANSITION TREATMENT FOR MINORS
New York Attorney General Letitia James led the lawsuit against the Trump administration. (Michael M. Santiago/Getty Images)
The proposals have not yet been made final and are not legally binding because they must go through a lengthy rulemaking process and public comment before they can be enforced.
Several major medical providers have already pulled back on gender transition treatment for youths since Trump returned to office, even those in Democrat-led states where the procedures are legal under state law.
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Medicaid programs in just under half of states currently cover gender transition treatment. At least 27 states have adopted laws restricting or banning the treatment, and the Supreme Court’s decision this year upholding Tennessee’s ban likely means other state laws will remain in place.
Democrat attorneys general from California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, Washington state and Washington, D.C., as well as Pennsylvania’s Democrat governor, joined James in the lawsuit.
The Associated Press contributed to this report.
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