Politics
Column: Trump is dangerously unfit for office. But leave him on the ballot so voters can give him the boot
Even a despicable menace like Donald Trump deserves a fair shake. He shouldn’t be punished before being convicted.
In America, everyone’s innocent until proved guilty, right? At least that’s what was drummed into me growing up.
Many people — mainly Democrats and left-leaners — want to deny Trump access to presidential primary ballots under Section 3 of the 14th Amendment.
Written right after the Civil War, Section 3 decrees that “no person shall … hold any office, civil or military, under the United States or under any state” who took an oath “to support the Constitution” and “engaged in insurrection or rebellion” or gave “aid or comfort to the enemies.”
That made perfect sense. If you fought to cripple the nation after pledging to protect it, once you’ve failed you shouldn’t be allowed to help lead the country.
Now there’s the movement to prevent former President Trump from running again for the Oval Office because he allegedly inspired — ”engaged in” — insurrection by armed thugs and wackos. After Trump’s pep talk, they stormed the nation’s Capitol on Jan. 6, 2021, and tried to prevent Congress’ certification of President Biden’s election victory over the sour loser who lied about massive voter fraud.
Give credit to Gov. Gavin Newsom and Secretary of State Shirley Weber, California’s top election official. These two liberal Democrats haven’t joined the chorus to deny Trump ballot access. They want nothing to do with it.
“There is no doubt that Donald Trump is a threat to our liberties and even to our democracy, but in California we defeat candidates we don’t like at the polls,” Newsom said in his only public comment on the matter. “Everything else is a political distraction.”
Weber put Trump on California’s March 5 Republican primary ballot despite pressure from Democratic Lt. Gov. Eleni Kounalakis to boot him.
“I must place the sanctity of these elections above partisan politics,” Weber said in a statement.
“While we can agree that the attack on the Capitol and the former president’s conduct was abhorrent, there are complex legal issues surrounding this matter.“
She added that Trump’s conduct “tainted and continues to sow the public’s mistrust in government and the legitimacy of elections, so it is more critical than ever to safeguard elections in a way that transcends political divisions.”
California Secretary of State Shirley Weber.
(Rich Pedroncelli / Associated Press)
In my view, the nation — and certainly democracy — would be a lot better off if Trump were never allowed anywhere near power again. He’s dangerously divisive, shamelessly immoral and a terrible role model for the nation’s youth. At 77, the Republican front-runner may even be slipping in the head, yakking about becoming dictator for a day, taking revenge on opponents and mimicking Hitler rhetoric.
OK, but Trump has not been convicted of insurrection. No prosecutor has even charged him with that, although he has been indicted on nearly 100 other criminal counts.
Where’s the due process that’s guaranteed by the Constitution? The right to a jury trial? To cross-examine prosecution witnesses? And what’s an “insurrection” anyway? We’d better have a solid definition before denying someone public office because he “engaged” in it.
But I’m just rambling on like the non-lawyer layman that I am, reflecting — I suspect — similar attitudes among numerous citizens.
I contacted some legal scholars and asked where I was off base. They obliged.
All of them told me that no conviction on an insurrection charge is apparently necessary to kick Trump off state ballots.
“There is nothing in Section 3 of the 14th Amendment that requires a conviction,” said Erwin Chemerinsky, dean of the UC Berkeley School of Law.
“I don’t read Section 3 as requiring that anyone be convicted,” said Jessica Levinson, who specializes in election law at Loyola Law School.
Denying someone ballot access “is not a criminal punishment,” UCLA election law professor Richard Hasen said. “It’s not going to jail. It’s not paying a fine. It’s not being denied a right.”
Running for office is not a “right,” I was told by the professors. It’s a “privilege.”
“That said,” Hasen added, “there’s a due process question.”
Colorado’s Supreme Court kicked Trump off the primary ballot, ruling that he engaged in insurrection. First there was a five-day administrative hearing that the court said sufficed for due process. Trump disagreed and is appealing to the U.S. Supreme Court. But Maine’s secretary of state removed Trump from the ballot on her own.
Trump deserves some due process, Hasen said.
“There are two separate questions,” the professor said. “Was he participating in an insurrection? How do we know?”
Exactly.
Who gets to decide?
The U.S. Senate should have solved the Trump mess after the Capitol mob attack. The House impeached him for inciting an insurrection. But too many Republicans cowered on a Senate vote to convict. The vote fell 10 short of the two-thirds needed. A conviction would have barred Trump from ever holding office again.
Weber told me she concluded it was outside her authority to keep Trump off California’s ballot. And if she did, the secretary of state added, “it would feed those folks” who already believe elections are rigged against Trump. “It would just stoke the fire.”
Does she personally believe Trump’s an insurrectionist? “Oh, yeah,” she answered. “He’s telling people to fight and all of a sudden they’re climbing over walls at the Capitol, breaking in and going after the vice president? Is this insurrection? Oh my God! ….
“I hope and pray the Supreme Court takes up the issue and gives us a good definition of insurrection so people know exactly what it is, and whatever the outcome we’re not in a state of confusion.”
The court announced on Friday it will soon hear the case.
Yes, the best solution for democracy would be for the Supreme Court to deny Trump the right to serve again in public office. But that’s probably asking too much of this conservative outfit that includes three justices Trump appointed.
Short of that, we need to trust the democratic process to legitimately deny this guy another power grab. Let the voters find him guilty.
Politics
Federal judge blocks Trump from cutting childcare funds to Democratic states over fraud concerns
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A federal judge Friday temporarily blocked the Trump administration from stopping subsidies on childcare programs in five states, including Minnesota, amid allegations of fraud.
U.S. District Judge Arun Subramanian, a Biden appointee, didn’t rule on the legality of the funding freeze, but said the states had met the legal threshold to maintain the “status quo” on funding for at least two weeks while arguments continue.
On Tuesday, the U.S. Department of Health and Human Services (HHS) said it would withhold funds for programs in five Democratic states over fraud concerns.
The programs include the Child Care and Development Fund, the Temporary Assistance for Needy Families program, and the Social Services Block Grant, all of which help needy families.
USDA IMMEDIATELY SUSPENDS ALL FEDERAL FUNDING TO MINNESOTA AMID FRAUD INVESTIGATION
On Tuesday, the U.S. Department of Health and Human Services said it would withhold funds for programs in five Democratic states over fraud concerns. (AP Photo/Jose Luis Magana, File)
“Families who rely on childcare and family assistance programs deserve confidence that these resources are used lawfully and for their intended purpose,” HHS Deputy Secretary Jim O’Neill said in a statement on Tuesday.
The states, which include California, Colorado, Illinois, Minnesota and New York, argued in court filings that the federal government didn’t have the legal right to end the funds and that the new policy is creating “operational chaos” in the states.
U.S. District Judge Arun Subramanian at his nomination hearing in 2022. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
In total, the states said they receive more than $10 billion in federal funding for the programs.
HHS said it had “reason to believe” that the programs were offering funds to people in the country illegally.
‘TIP OF THE ICEBERG’: SENATE REPUBLICANS PRESS GOV WALZ OVER MINNESOTA FRAUD SCANDAL
The table above shows the five states and their social safety net funding for various programs which are being withheld by the Trump administration over allegations of fraud. (AP Digital Embed)
New York Attorney General Letitia James, who is leading the lawsuit, called the ruling a “critical victory for families whose lives have been upended by this administration’s cruelty.”
New York Attorney General Letitia James, who is leading the lawsuit, called the ruling a “critical victory for families whose lives have been upended by this administration’s cruelty.” (Win McNamee/Getty Images)
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Fox News Digital has reached out to HHS for comment.
Politics
Washington National Opera is leaving the Kennedy Center in wake of Trump upset
In what might be the most decisive critique yet of President Trump’s remake of the Kennedy Center, the Washington National Opera’s board approved a resolution on Friday to leave the venue it has occupied since 1971.
“Today, the Washington National Opera announced its decision to seek an amicable early termination of its affiliation agreement with the Kennedy Center and resume operations as a fully independent nonprofit entity,” the company said in a statement to the Associated Press.
Roma Daravi, Kennedy Center’s vice president of public relations, described the relationship with Washington National Opera as “financially challenging.”
“After careful consideration, we have made the difficult decision to part ways with the WNO due to a financially challenging relationship,” Daravi said in a statement. “We believe this represents the best path forward for both organizations and enables us to make responsible choices that support the financial stability and long-term future of the Trump Kennedy Center.”
Kennedy Center President Ambassador Richard Grenell tweeted that the call was made by the Kennedy Center, writing that its leadership had “approached the Opera leadership last year with this idea and they began to be open to it.”
“Having an exclusive relationship has been extremely expensive and limiting in choice and variety,” Grenell wrote. “We have spent millions of dollars to support the Washington Opera’s exclusivity and yet they were still millions of dollars in the hole – and getting worse.”
WNO’s decision to vacate the Kennedy Center’s 2,364-seat Opera House comes amid a wave of artist cancellations that came after the venue’s board voted to rename the center the Donald J. Trump and the John F. Kennedy Memorial Center for the Performing Arts. New signage featuring Trump’s name went up on the building’s exterior just days after the vote while debate raged over whether an official name change could be made without congressional approval.
That same day, Rep. Joyce Beatty (D-Ohio) — an ex officio member of the board — wrote on social media that the vote was not unanimous and that she and others who might have voiced their dissent were muted on the call.
Grenell countered that ex officio members don’t get a vote.
Cancellations soon began to mount — as did Kennedy Center‘s rebukes against the artists who chose not to appear. Jazz drummer Chuck Redd pulled out of his annual Christmas Eve concert; jazz supergroup the Cookers nixed New Year’s Eve shows; New York-based Doug Varone and Dancers dropped out of April performances; and Grammy Award-winning banjo player Béla Fleck wrote on social media that he would no longer play at the venue in February.
WNO’s departure, however, represents a new level of artist defection. The company’s name is synonymous with the Kennedy Center and it has served as an artistic center of gravity for the complex since the building first opened.
Politics
AOC accuses Vance of believing ‘American people should be assassinated in the street’
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Democratic Rep. Alexandria Ocasio-Cortez is leveling a stunning accusation at Vice President JD Vance amid the national furor over this week’s fatal shooting in Minnesota involving an ICE agent.
“I understand that Vice President Vance believes that shooting a young mother of three in the face three times is an acceptable America that he wants to live in, and I do not,” the four-term federal lawmaker from New York and progressive champion argued as she answered questions on Friday on Capitol Hill from Fox News and other news organizations.
Ocasio-Cortez spoke in the wake of Wednesday’s shooting death of 37-year-old Renee Nicole Good after she confronted ICE agents from inside her car in Minneapolis.
RENEE NICOLE GOOD PART OF ‘ICE WATCH’ GROUP, DHS SOURCES SAY
Members of law enforcement work the scene following a suspected shooting by an ICE agent during federal operations on January 7, 2026, in Minneapolis, Minnesota. (Stephen Maturen/Getty Images)
Video of the incident instantly went viral, and while Democrats have heavily criticized the shooting, the Trump administration is vocally defending the actions of the ICE agent.
HEAD HERE FOR LIVE FOX NEWS UPDATES ON THE ICE SHOOTING IN MINNESOTA
Vance, at a White House briefing on Thursday, charged that “this was an attack on federal law enforcement. This was an attack on law and order.”
“That woman was there to interfere with a legitimate law enforcement operation,” the vice president added. “The president stands with ICE, I stand with ICE, we stand with all of our law enforcement officers.”
And Vance claimed Good was “brainwashed” and suggested she was connected to a “broader, left-wing network.”
Federal sources told Fox News on Friday that Good, who was a mother of three, worked as a Minneapolis-based immigration activist serving as a member of “ICE Watch.”
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Ocasio-Cortez, in responding to Vance’s comments, said, “That is a fundamental difference between Vice President Vance and I. I do not believe that the American people should be assassinated in the street.”
But a spokesperson for the vice president, responding to Ocasio-Cortez’s accusation, told Fox News Digital, “On National Law Enforcement Appreciation Day, AOC made it clear she thinks that radical leftists should be able to mow down ICE officials in broad daylight. She should be ashamed of herself. The Vice President stands with ICE and the brave men and women of law enforcement, and so do the American people.”
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