Connect with us

Politics

Column: Will Trump's conviction survive the Supreme Court's immunity ruling? It's complicated

Published

on

Column: Will Trump's conviction survive the Supreme Court's immunity ruling? It's complicated

It was only hours after the Supreme Court issued its staggering term-ending opinion on presidential immunity when Donald Trump invoked it in an attempt to set aside his criminal conviction in New York.

On the surface, the effort would seem ill-fated and even brazen.

The opinion made a top-line distinction between “official actions” — which are either immune or presumed immune from criminal prosecution — and “unofficial actions,” which are not. And it’s hard to imagine more prototypically unofficial actions than those of which Trump was convicted in the New York case. While still running for president, Trump devised a scheme to suppress stories of his alleged trysts — in particular with the adult film actor Stormy Daniels — and falsified business records to further the cover-up.

Most of the critical conduct took place before Trump was in office, the exception being the payments to his fixer, Michael Cohen, that generated the false paperwork. And the reimbursement of Cohen from a personal bank account was patently unofficial conduct even though it coincided with Trump’s presidency.

So Judge Juan M. Merchan, who presided over the trial, might be expected to make quick work of Trump’s effort to shoehorn the conviction into the sphere of “official action” for which the court prescribed immunity.

Advertisement

In fact, however, the court’s opinion is strewn with mines and sinkholes that Trump might be able to use to gain a new trial or at least render his conviction provisional for an extended period. These facets of the opinion are part and parcel of its enormous scope and overreach, all to protect a party of exactly one: the only president ever to be charged with a crime.

The court’s revolutionary holding places the president largely outside the reach of criminal law, but the conservative majority wasn’t content to stop there. Its expansive guidance “for the ages,” as Justice Neil M. Gorsuch put it at oral argument, dictates that a jury may not even consider a president’s official acts as evidence to prove a crime involving unofficial conduct.

The court’s reasoning here is particularly threadbare, simply asserting that allowing evidence of official actions would undo the protections of immunity, which the conservative majority considers necessary to ensure a nimble and vigorous presidency. Yet it makes little sense to suggest that a president would be constrained by the prospect that a jury might one day hear about their official actions. Most official actions are public anyway, and those that aren’t can be protected by executive privilege and other means when there is a particular need to to so.

This is where Justice Amy Coney Barrett parted with her fellow conservatives, noting that “the Constitution does not require blinding juries to the circumstances surrounding conduct for which Presidents can be held liable.”

In the context of Trump’s motion to set aside his New York conviction, a fair-minded court should have little trouble concluding that the conduct at issue was unofficial and therefore not subject even to the generous immunity protections prescribed by the justices. However, some of the evidence presented at trial at least arguably concerned official conduct, particularly under the Supreme Court’s wide-ranging, categorical definition of the term.

Advertisement

Most notably, the jury heard testimony from Hope Hicks about a conversation she had with Trump in 2018, when she was the White House communications director, about a report on Cohen’s hush money payments to Daniels and its public opinion repercussions. Prosecutors described Hicks’ testimony, which ended with her breaking down in tears, as “devastating.”

So was Trump’s conversation with Hicks in the White House “official conduct” that, under the immunity opinion, never should have been presented to the jury? And if so, do the convictions have to be set aside?

Those questions are far from straightforward. The answers depend not only on how the Hicks conversation is characterized but also on a thicket of procedural issues. Those include whether Trump may have waived the issue, whether any waiver applies under the Supreme Court’s holding and whether any error in allowing the testimony could be deemed harmless given the strength of the rest of the evidence.

Trump’s conviction may well survive the Supreme Court ruling in the end, but getting to that point won’t be quick or simple. Moreover, Merchan’s ruling is likely to be appealed to higher courts in New York and eventually the U.S. Supreme Court. That prospect could well temper the analysis of lower courts that now understand the breadth and zeal of the justices’ determination to shield Trump from accountability.

It appears as if the Supreme Court has dealt Trump not just a get-out-of-jail-free card but a whole deck of them, allowing him to contest and delay multiple facets of the nearly 100 criminal counts against him. If it turns out that he can use it to his advantage in New York, where he stands already convicted of manifestly personal conduct, it’s hard to imagine a case where he can’t.

Advertisement

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

Politics

The growing list of controversies threatening Democrat Graham Platner’s Maine Senate bid

Published

on

The growing list of controversies threatening Democrat Graham Platner’s Maine Senate bid

NEWYou can now listen to Fox News articles!

Maine Democratic Senate candidate Graham Platner has emerged as one of the party’s fastest-rising political figures, drawing national attention for his populist message and outsider image.

But as his profile has grown, so has scrutiny of his past conduct, with controversies ranging from sexually explicit messages and offensive social media posts to a Nazi-linked tattoo and campaign staff upheaval.

PLATNER CONTROVERSIES FUEL SPECULATION ABOUT LITTLE-KNOWN MAINE BALLOT REPLACEMENT PROVISION

In continued clean-up of those scandals, Platner came to Washington, D.C. on Tuesday to huddle with party figures at the Democratic Senatorial Campaign Committee headquarters just one week before his primary election.

Advertisement

The Marine veteran and oyster farmer has defended himself against the criticism and retained the support of prominent Democrats, including Senate Minority Leader Chuck Schumer, D-N.Y., and Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass. Still, some have questioned whether the allegations could complicate Democrats’ efforts to unseat Sen. Susan Collins, R-Maine, in one of the nation’s most closely watched Senate races.

Here’s a look at the major controversies that have engulfed Platner’s campaign.

Explicit text messages and sexting allegations

Senate candidate Graham Platner is under fire, but it was his wife Amy Gertner coming out with a controversial five-minute social media post by the campaign to denounce the ‘attacks’ while she did not deny the allegations of infidelity in a new marriage. (Joe Raedle/Getty Images)

The most recent controversy surrounding Platner stems from reports that he exchanged sexually explicit messages with multiple women during his marriage, an issue that campaign aides were reportedly aware of as his Senate bid was taking shape.

The Wall Street Journal reported that Platner’s wife, Amy Gertner, informed a campaign aide about the text exchanges shortly after he launched his Senate bid as staffers were assessing potential political liabilities.

Advertisement

According to the report, Gertner discovered the messages months after the couple married in 2024 and disclosed their existence before her husband held a campaign rally alongside progressive Sen. Sanders. The campaign told Politico that the aide viewed the matter as a private issue between the couple and did not raise concerns about it publicly.

SENATE CANDIDATE GRAHAM PLATNER SENT EXPLICIT TEXTS TO MULTIPLE WOMEN WHILE MARRIED, WIFE SAYS: REPORT

Platner’s campaign later confirmed the existence of the text exchanges to Politico.

He also told Fox News Digital in a statement: “Amy and I went through something hard — because of me. We did the work, and I’m grateful for her every hour of every day.”

“I’ve learned throughout this campaign is that people don’t care about gossip or headlines, they care that you’re fighting for their hospitals, their paycheck, their kids… Our opponents want politics to be empty of content and empty of actual change — and beating that is exactly what our movement is about,” he added.

Advertisement

In a statement to the Journal, Gertner criticized the disclosure of the information, saying she had shared “deeply personal details” about her marriage with someone she considered a friend, only to see those details become public.

She revealed that the two attended couple’s counseling, worked through the issues in their marriage and have since emerged as a stronger couple.

“I know who Graham is. I know the man I married and the husband he has been to me on the best and the worst days of my life,” Gertner said. “That hasn’t changed, and it won’t.”

Nazi-linked tattoo

Graham Platner, a Democratic candidate for U.S. Senate in Maine, points to a covered tattoo that was previously recognized as a Nazi symbol during an interview in Portland, Maine, on Oct. 22, 2025. (WGME via AP)

Platner’s campaign also faced intense scrutiny after it was revealed he once had a skull-and-crossbones tattoo on his chest closely resembling the “Totenkopf” symbol used by Hitler’s SS paramilitary forces.

Advertisement

The Maine Democrat said he got the tattoo during a “night of drinking” while on leave in Croatia in 2007 as a Marine and claimed he was entirely unaware of its meaning at the time.

In an Instagram video posted in May, Platner elaborated on the tattoo’s origins. He explained that he merely selected the design from a flash tattoo wall while “carousing” with fellow Marines in Split, Croatia.

“We thought it looked cool,” he downplayed.

Platner said he was later “appalled” to learn the image resembled a Nazi symbol, arguing that his life and career have been defined by opposition to fascism, racism and Nazism. He also noted that he was never questioned about the tattoo during his military service.

MAINE DEM SENATE HOPEFUL BACKED BY BERNIE SANDERS APOLOGIZES FOR NAZI-STYLE TATTOO, VOWS TO STAY IN RACE

Advertisement

Rather than undergo removal, Platner said he chose to cover the tattoo because tattoo removal services were not readily available near his rural Maine home.

“Going to a tattoo removal place is going to take a while,” he told The Associated Press. “I wanted this thing off my body.”

The symbol was ultimately covered with a tattoo featuring a Celtic knot and images of dogs, which Platner said were meant to honor his family pets.

Deleted Reddit posts reveal offensive comments

U.S. Senate candidate from Maine Graham Platner speaks during a campaign event on May 17, 2026, in Portland, Maine. (Joe Raedle/Getty Images)

The keystone scrutiny Platner has faced during his bid stemmed from thousands of now-deleted Reddit posts that resurfaced after he launched his Senate campaign.

Advertisement

In posts first reported by CNN and Politico, Platner referred to himself as a “communist” and “socialist” and endorsed the slogan “all cops are b—–ds.”

In other posts, he argued that those who “expect to fight fascism without a good semi-automatic rifle, they ought to do some reading of history” and said that “an armed working class is a requirement for economic justice.”

DELETED POSTS URGING VIOLENCE HAUNT DEMOCRATIC SENATE HOPEFUL IN MAINE RACE

The posts under his since-retired username “P-hustle” were deleted before Platner announced his Democratic Senate bid in August.

The candidate has since addressed the posts multiple times, telling CNN and Politico that he was “f—ing around on the internet” during a period when he felt “lost and very disillusioned with our government who sent me overseas to watch my friends die.”

Advertisement

“I made dumb jokes and picked fights,” Platner said. “But of course I’m not a socialist. I’m a small business owner, a Marine Corps veteran, and a retired s—poster.”

In the posts Platner made crude comments about masturbating in port-a-potties and claimed a U.S. service member who took enemy fire in Afghanistan “didn’t deserve to live.”

GRAHAM PLATNER VOWS TO ‘COME AFTER’ BEZOS AS SENATE HOPEFUL ESCALATES BILLIONAIRE TAX FIGHT

The controversies have done little to erode Platner’s standing within the Democratic Party as he has continued to attract national attention and grassroots support in the Democratic primary bid to challenge Sen. Collins for her seat.

Since former Democratic Maine Gov. Janet Mills halted her campaign in April, much of the party establishment has consolidated behind Platner, and national Democrats have continued to support his candidacy despite the flurry of scandals.

Advertisement

The steady stream of allegations and past controversies has also drawn attention to a little-known provision in Maine election law that allows political parties to replace a nominee under certain circumstances after a primary election.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Under state law, a candidate who wins a primary and subsequently withdraws by 5 p.m. on July 13 can be replaced by a nominee selected by party officials. Any replacement candidate must then be chosen by 5 p.m. on July 27.

There is currently no indication that Platner plans to withdraw from the race, and the Democratic hopeful has repeatedly vowed to continue his campaign. Still, the provision has drawn renewed interest as questions persist about whether additional revelations could complicate his candidacy.

Platner’s campaign did not immediately respond to Fox News Digital’s request for comment.

Advertisement

Continue Reading

Politics

Commentary: Bass clears first hurdle, but if Pratt holds off Raman, the mayoral race could be a holy war

Published

on

Commentary: Bass clears first hurdle, but if Pratt holds off Raman, the mayoral race could be a holy war

L.A. Mayor Karen Bass made what sounded like a victory speech Tuesday night.

Councilmember Nithya Raman made what sounded almost like a concession speech.

And former reality TV star Spencer Pratt relayed a message from the heavens.

“Well, obviously God wanted five more months of me exposing all the failures of our mayor, so it’s gonna be a fun ride,” Pratt said. “I hope she’s ready.”

Advertisement

Assuming Pratt holds on to one of the two spots in the Nov. 3 general election as the final votes are tallied in the next few days, the smart money will be on Bass, for reasons I’ll get into in a moment.

But the supreme being and patron of all pontiffs has to be considered a wild card. This is the first time, to my knowledge, that an incumbent mayor in the City of Angels would be running against a challenger whose campaign manager is God Almighty.

So here we go. We could be in for one of the more remarkable electoral adventures in city history, with a complete novice and MAGA conservative going up against a liberal career politician in a deep-blue city and state full of people who are tired of hearing excuses from Democrats. (If Raman ends up ousting Pratt, my apologies for jumping to conclusions. But it’s not my fault. The devil made me do it.)

If you intend to follow closely, as of course you should, maybe you can help me count the number of times Pratt plays the faith card. I went to St. Peter Martyr School and attended the church by the same name, and I don’t recall ever hearing a nun or a priest drop God’s name as often as Pratt does.

In fact, I just watched a clip of Pratt talking to Fox News TV host and Donald Trump disciple Kayleigh McEnany, and over the course of 1 minute and 52 seconds, he mentioned God or Jesus 10 times.

Advertisement

“Thankfully, I married an angel who was very connected with Jesus and has brought me to the light,” Pratt said of his wife and former reality TV co-star Heidi Montag. “It’s been very empowering to just pray and just be on his path and just say, ‘God, if you want me to save these animals, save these humans and protect my city, just keep putting me in the place where I can do that.’”

Is he running for mayor or cardinal?

Look, I totally respect your average true believer. But I’m not entirely comfortable with a mayor who might be sitting around City Hall waiting for signs and smoke signals rather than knowing what to do on his own.

God has a lot on his plate. He might be busy multiplying fishes and loaves so people don’t go hungry thanks to the president’s tariffs and warmongering. Is he going to rush to answer a prayer for guidance about underfunded parks or broken sidewalks in Los Angeles?

How did we get here, you ask?

Advertisement

Well, Pratt is an AI creation, in a way. A composite of sorts. You combine the forces of social media, political rebellion, second-rate celebrity obsession and the Peter Principle, and here’s a little Trump puppet walking around L.A. like he’s the chosen one.

Add to that the very real essence of his appeal to some voters:

Los Angeles has problems. Big problems that don’t get fixed quickly enough or at all, and Pratt represents the angry voter who wants to know why City Hall can’t do better and where all the money went. He’s absolutely right when he says we shouldn’t have people living on the streets, using drugs on the streets and dying on the streets.

But if Pratt is in the general election rather than Raman, we’re in for a national media circus rather than a summit on solutions. Raman is well-versed on matters of relevance and could have pushed back against Bass in substantive, detailed ways. On the other hand, as Pratt has fairly argued, Raman headed City Council’s homelessness committee, so isn’t she partly to blame for the failures she tried to pin on Bass?

As for Pratt’s policy chops, he has not responded to my offers of a get-together. Absent that, and given his careful avoidance of local reporters who know their stuff, I read his platform on his campaign website and I can tell you that while he touches on many of the right issues — public safety, fiscal integrity, homelessness — attention to detail and depth of knowledge are not God-given strengths.

Advertisement

Maybe Pratt can actually deliver on his promise of a “treatment-led recovery model that addresses mental illness and addiction as the primary drivers of chronic homelessness.” But that would require an act of God (which I suppose is possible given their relationship), because those matters are primarily under the direction of the county, not the city.

This is the main problem here. Bass was beatable, and could have been pushed by a serious challenger to do better.

In the last election, Rick Caruso gave her a scare. That was partly because he had some depth on the issues, he was a successful businessman and philanthropist, he had served on the police commission and the water and power board, he had built relationships across the city and, along with his family, he had poured time and millions of dollars into underserved communities.

In this election, it looks as though Bass could get lucky and face off against a guy who lost his house in the Palisades fire, saw a few homeless encampments through his car window, and decided he wanted to be mayor. Some might have questioned his hubris, but only before learning that he was on a mission from God.

If you’re keeping count, that’s nine mentions of God so far in this column.

Advertisement

One more for the tie, with an eye toward five more months of campaign fodder.

Thank you, God.

steve.lopez@latimes.com

Advertisement
Continue Reading

Politics

Bessent flips script on Dem senator with reminder about his son’s past ties to Epstein

Published

on

Bessent flips script on Dem senator with reminder about his son’s past ties to Epstein

NEWYou can now listen to Fox News articles!

Sen. Ron Wyden, D-Ore., suddenly found himself on the defensive at a budget hearing on Wednesday when, amid levying accusations of the Trump administration’s “corrupt” dealings, Treasury Secretary Scott Bessent fired back by bringing Wyden’s son’s investments into the exchange.

“We would like to hear what Adam Wyden and Jeffrey Epstein talked about,” Bessent said, referring to unearthed emails drawing a connection between the senator’s son and the disgraced financier.

“Did your son and Jeffrey Epstein talk about pole dancing as he begged him for money?”

The moment continues the political fallout for the many names associated with Epstein that — despite not amounting to proof of wrongdoing — continue to prompt embarrassment and scandal at even the smallest mention.

Advertisement

TOP FIERY MOMENTS AS DEMOCRATS CLASH WITH TREASURY SECRETARY BESSENT IN CHAOTIC HILL HEARINGS

Treasury Secretary Scott Bessent, left, pictured along Sen. Ron Wyden, D-Ore, right. (Aaron Schwartz/Bloomberg via Getty Images; Chip Somodevilla/Getty Images)

Epstein, a former financier, died while in prison on charges of sex trafficking minors in 2019, leaving behind questions of whether he facilitated illegal sexual encounters for his vast network of rich and powerful figures.

Amid public demands for transparency on the matter, the Department of Justice released troves of documents on Epstein late last year, unveiling a slew of new names with all manner of ties to the infamous figure ranging from purely innocuous to alarming.

Among them, emails surfaced indicating that Adam Wyden, Ron Wyden’s son, went to Epstein, hoping to gain his support for a business venture.

Advertisement

UNEARTHED EMAILS REVEAL DEM SENATOR’S SON WANTED EPSTEIN TO JOIN HIS FUND: ‘ENJOYED OUR CONVERSATION’

Sen. Ron Wyden leaves a Senate Democratic meeting at the U.S. Capitol Building in Washington, D.C., on Oct. 3, 2025, as the federal government shuts down after Congress and the White House failed to reach a funding deal. (Kevin Dietsch/Getty Images)

“Jeffrey, I wanted to thank you for taking the time to meet with me. I thoroughly enjoyed our conversation and hope my passion and dedication for my business came through in the meeting. I live and breathe this business and take my returns, integrity and reputation quite seriously,” the younger Wyden said in an email in April 2016.

“I intensely appreciate like-minded individuals and would very much look forward to having you join us at the fund.”

The emails came after Epstein pleaded guilty to soliciting a minor for prostitution in Florida in 2008.

Advertisement

It’s unclear what the business venture discussed by Adam Wyden and Epstein may have been or what, specifically, had been discussed in their conversations.

Even so, Bessent reminded viewers that the younger Wyden had a history of investing in off-color markets at Wednesday’s hearing.

DEMOCRATS ARE HAMMERING REPUBLICANS ON EPSTEIN, BUT ONE SENATOR BRUSHED OFF THE ISSUE YEARS AGO

Treasury Secretary Scott Bessent addresses a press conference in Rosenbad after trade talks between the U.S. and China concluded in Stockholm, Sweden, on July 29, 2025. (Magnus Lejhall/TT News Agency/AFP via Getty Images)

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Advertisement

Your son’s largest investment position was Rick’s Cabaret,” Bessent said, referring to a series of strip clubs.

Wyden, who has widely panned the Trump administration and its many officials for their own connections to Epstein, didn’t respond to Bessent’s jabs.

Advertisement
Continue Reading
Advertisement

Trending