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Column: Trump is dangerously unfit for office. But leave him on the ballot so voters can give him the boot

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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.”

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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.

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“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)

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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.

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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.”

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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?”

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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! ….

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“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.

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

On the fifth day of the war in Iran, Defense Secretary Pete Hegseth said that the U.S. military operation was intensifying and that more warplanes were arriving in the region.

By Christina Kelso

March 4, 2026

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

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

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Israel says fighter jet took down Iranian warplane, the first shootdown of its kind
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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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