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Column: Without even ruling on Trump's immunity claim, the Supreme Court handed him a huge victory

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Column: Without even ruling on Trump's immunity claim, the Supreme Court handed him a huge victory

Given the Supreme Court’s possible responses to Donald Trump’s appeal of the D.C. Circuit’s denial of his claim of immunity from prosecution, the justices’ decision Wednesday has to be counted as a gift to the former president. That’s because the court came through for him on the most important axis: time.

The court’s fairly Delphic order retains a stay on the case pending its consideration of the merits, with oral arguments scheduled for the week of April 22. Doing the math, that means the all-important election interference trial in U.S. District Judge Tanya Chutkan’s Washington courtroom will not begin for at least six months or so, around late August.

At best, that means there is no more margin for error if the case is to go forward this year. And even at the earliest possible date that it could proceed, the country will be in the homestretch of a presidential campaign that the trial would substantially distort. That’s a potential problem not just for Trump but also for the American people.

And of course the trial may not begin before the November election, in which a Trump victory over President Biden would completely upend the legal and political landscape.

That’s because the trial judge can’t really abridge the amount of time that remained in the pretrial process before Trump’s appeal stopped the clock. Trump would scream that the court is violating his due-process rights if Chutkan gave the president less time to prepare his defense.

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And while the Supreme Court has scheduled a fairly prompt consideration of the appeal, it’s far from the fastest they’ve ordered. Trump’s team has a full three weeks before their brief on the merits is due, and the oral argument is almost two months away.

The court’s consideration of this motion, moreover, was hardly warp speed for a case of this importance and exigency. The justices took 13 days to decide how they would handle the appeal. Again, fast — but I’ve seen faster.

In fact, the time it took had many court watchers surmising that one of the justices must be writing a dissent. But Wednesday’s order was short, bland and without dissent. (That’s not to say it was unanimous — just that no judge in the minority opted to write in opposition to the decision to take the case, which would have been unusual.)

On the other hand, the Supreme Court’s decision does not ultimately augur a reversal of the D.C. Circuit’s resounding rejection of Trump’s immunity argument. My strong sense is that the justices won’t uphold Trump’s far-reaching and fundamentally anti-constitutional claim of a wholly immune president. The opinion of the D.C. Circuit Court of Appeals — joined by Republican and Democratic appointees alike — should lay that claim to rest.

More likely than finding fault with the circuit court, the justices, probably beginning with Chief Justice John G. Roberts Jr., decided the issue is of sufficient magnitude that they couldn’t let the final decision, however persuasive, come from a lower court. Fundamental questions of executive power simply fall within the Supreme Court’s job description.

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One possible clue to the court’s thinking is the order’s formulation of the question presented: “Whether — and if so, to what extent — a former president enjoys immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”

Throughout the case, Trump has argued that the conduct at issue fell within the outer perimeter of his official responsibilities. This depends on construing his encouragement of the Jan. 6, 2021, rioters as mere political speech.

His prospects for prevailing on that ground are negligible. In fact, several other courts have been hostile to similar arguments from Trump. For example, also on Wednesday, an Illinois court became the latest to determine that he engaged in insurrection and is therefore disqualified from the presidency under the 14th Amendment.

So even if the Supreme Court were to find some version of presidential immunity from prosecution for official acts, it wouldn’t necessarily save Trump if his conduct fell outside his responsibilities.

Again, though, Trump’s fortunes have to be measured by the time involved as well as the merits. And a pretrial back-and-forth over whether his conduct fell within his duties could take up even more time.

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In the long run, therefore, the court’s decision probably won’t excuse Trump from accountability for his traitorous conduct on the merits. His outlandish claim of absolute presidential immunity will almost certainly fail, and even a recognition of limited immunity for official acts will not keep him from facing justice.

But that’s in the long run. For now, Trump is likely pleased with a result that again delays justice and, if his political gamble on a return to the White House pays off, will allow him to escape it altogether.

Harry Litman is the host of the “Talking Feds” podcast. @harrylitman

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

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Video: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

new video loaded: Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

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Trump Says ‘Only Time Will Tell’ How Long U.S. Controls Venezuela

President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

“How Long do you think you’ll be running Venezuela?” “Only time will tell. Like three months. six months, a year, longer?” “I would say much longer than that.” “Much longer, and, and —” “We have to rebuild. You have to rebuild the country, and we will rebuild it in a very profitable way. We’re going to be using oil, and we’re going to be taking oil. We’re getting oil prices down, and we’re going to be giving money to Venezuela, which they desperately need. I would love to go, yeah. I think at some point, it will be safe.” “What would trigger a decision to send ground troops into Venezuela?” “I wouldn’t want to tell you that because I can’t, I can’t give up information like that to a reporter. As good as you may be, I just can’t talk about that.” “Would you do it if you couldn’t get at the oil? Would you do it —” “If they’re treating us with great respect. As you know, we’re getting along very well with the administration that is there right now.” “Have you spoken to Delcy Rodríguez?” “I don’t want to comment on that, but Marco speaks to her all the time.”

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President Trump did not say exactly how long the the United states would control Venezuela, but said that it could last years.

January 8, 2026

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Trump calls for $1.5T defense budget to build ‘dream military’

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Trump calls for .5T defense budget to build ‘dream military’

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President Donald Trump called for defense spending to be raised to $1.5 trillion, a 50% increase over this year’s budget. 

“After long and difficult negotiations with Senators, Congressmen, Secretaries, and other Political Representatives, I have determined that, for the Good of our Country, especially in these very troubled and dangerous times, our Military Budget for the year 2027 should not be $1 Trillion Dollars, but rather $1.5 Trillion Dollars,” Trump wrote on Truth Social on Thursday evening. 

“This will allow us to build the “Dream Military” that we have long been entitled to and, more importantly, that will keep us SAFE and SECURE, regardless of foe.” 

The president said he came up with the number after tariff revenues created a surplus of cash. He claimed the levies were bringing in enough money to pay for both a major boost to the defense budget “easily,” pay down the national debt, which is over $38 trillion, and offer “a substantial dividend to moderate income patriots.”

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President Donald Trump called for defense spending to be raised to $1.5 trillion, a 50% increase over this year’s record budget.  (AP Photo/Evan Vucci)

The boost likely reflects efforts to fund Trump’s ambitious military plans, from the Golden Dome homeland missile defense shield to a new ‘Trump class’ of battleships.

The Committee for a Responsible Federal Budget found that the increased budget would cost about $5 trillion from 2027 to 2035, or $5.7 trillion with interest. Tariff revenues, the group found, would cover about half the cost – $2.5 trillion or $3 trillion with interest. 

The Supreme Court is expected to rule in a major case Friday that will determine the legality of Trump’s sweeping tariff strategy.

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CONGRESS UNVEILS $900B DEFENSE BILL TARGETING CHINA WITH TECH BANS, INVESTMENT CRACKDOWN, US TROOP PAY RAISE

This year the defense budget is expected to breach $1 trillion for the first time thanks to a $150 billion reconciliation bill Congress passed to boost the expected $900 billion defense spending legislation for fiscal year 2026. Congress has yet to pass a full-year defense budget for 2026.

Some Republicans have long called for a major increase to defense spending to bring the topline total to 5% of GDP, as the $1.5 trillion budget would do, up from the current 3.5%.

The boost likely reflects efforts to fund Trump’s ambitious military plans, from the Golden Dome homeland missile defense shield to a new ‘Trump class’ of battleships. (Lockheed Martin via Reuters)

Trump has ramped up pressure on Europe to increase its national security spending to 5% of GDP – 3.5% on core military requirements and 1.5% on defense-related areas like cybersecurity and critical infrastructure.

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Trump’s budget announcement came hours after defense stocks took a dip when he condemned the performance rates of major defense contractors. In a separate Truth Social post he announced he would not allow defense firms to buy back their own stocks, offer large salaries to executives or issue dividends to shareholders. 

“Executive Pay Packages in the Defense Industry are exorbitant and unjustifiable given how slowly these Companies are delivering vital Equipment to our Military, and our Allies,” he said. 

“​Defense Companies are not producing our Great Military Equipment rapidly enough and, once produced, not maintaining it properly or quickly.”

U.S. Army soldiers stand near an armored military vehicle on the outskirts of Rumaylan in Syria’s northeastern Hasakeh province, bordering Turkey, on March 27, 2023.  (Delil Souleiman/AFP via Getty Images)

He said that executives would not be allowed to make above $5 million until they build new production plants.

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Stock buybacks, dividends and executive compensation are generally governed by securities law, state corporate law and private contracts, and cannot be broadly restricted without congressional action.

An executive order the White House released Wednesday frames the restrictions as conditions on future defense contracts, rather than a blanket prohibition. The order directs the secretary of war to ensure that new contracts include provisions barring stock buybacks and corporate distributions during periods of underperformance, non-compliance or inadequate production, as determined by the Pentagon.

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Newsom moves to reshape who runs California’s schools under budget plan

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Newsom moves to reshape who runs California’s schools under budget plan

Gov. Gavin Newsom on Thursday unveiled a sweeping proposal to overhaul how California’s education system is governed, calling for structural changes that he said would shift oversight of the Department of Education and redefine the role of the state’s elected schools chief.

The proposal, which is part of Newsom’s state budget plan that will be released Friday, would unify the policymaking State Board of Education with the department, which is responsible for carrying out those policies. The governor said the change would better align education efforts from early childhood through college.

“California can no longer postpone reforms that have been recommended regularly for a century,” Newsom said in a statement. “These critical reforms will bring greater accountability, clarity, and coherence to how we serve our students and schools.”

Few details were provided about how the role of the state superintendent of public instruction would change, beyond a greater focus on fostering coordination and aligning education policy.

The changes would require approval from state lawmakers, who will be in the state Capitol on Thursday for Newsom’s last State of the State speech in his final year as governor.

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The proposal would implement recommendations from a 2002 report by the state Legislature, titled “California’s Master Plan for Education,” which described the state’s K-12 governance as fragmented and “with overlapping roles that sometimes operate in conflict with one another, to the detriment of the educational services offered to students.” Newsom’s office said similar concerns have been raised repeatedly since 1920 and were echoed again in a December 2025 report by research center Policy Analysis for California Education.

“The sobering reality of California’s education system is that too few schools can now provide the conditions in which the State can fairly ask students to learn to the highest standards, let alone prepare themselves to meet their future learning needs,” the Legislature’s 2002 report stated. Those most harmed are often low-income students and students of color, the report added.

“California’s education governance system is complex and too often creates challenges for school leaders,” Edgar Zazueta, executive director of the Assn. of California School Administrators, said in a statement provided by Newsom’s office. “As responsibilities and demands on schools continue to increase, educators need governance systems that are designed to better support positive student outcomes.”

The current budget allocated $137.6 billion for education from transitional kindergarten through the 12th grade — the highest per-pupil funding level in state history — and Newsom’s office said his proposal is intended to ensure those investments translate into more consistent support and improved outcomes statewide.

“For decades the fragmented and inefficient structure overseeing our public education system has hindered our students’ ability to succeed and thrive,” Ted Lempert, president of advocacy group Children Now, said in a statement provided by the governor’s office. “Major reform is essential, and we’re thrilled that the Governor is tackling this issue to improve our kids’ education.”

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