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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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Trump announces to crowd he 'just took off the last bandage' at faith event after assassination attempt

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Trump announces to crowd he 'just took off the last bandage' at faith event after assassination attempt

Former President Trump announced to a crowd Friday night he “just took off the last bandage” from his ear after an attempted assassination nearly two weeks ago.

The Believer’s Summit, hosted by Turning Point Action in West Palm Beach, focused on reaching voters of faith. Dr. Ben Carson, former HUD Secretary, preceded the former president.

“And we want to thank each and every one of the believers in this room for your prayers and your incredible support. I really did appreciate it,” Trump said.

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“Something was working. That we know. Something was working. So, I thank you very much. And I stand before you tonight, thanks to the power of prayer and the grace of Almighty God,” he added.

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“As I think you can see, I’ve recovered well. And, in fact, I just took off the last bandage off of my ear.”

Former President Trump, the 2024 Republican presidential nominee, speaks at Turning Point Action’s Believers Summit in West Palm Beach, Fla., July 26, 2024.  (Chandan Khanna/AFP via Getty Images)

The crowd roared with applause as the former president gestured to his injured ear.

I just got it off,” he clarified. “I took it off for this group. I don’t know why I did that for this group, but that’s it. I think that’s it.”

Trump’s speech included attacks against his presumptive Democratic opponent, Kamala Harris, calling the vice president “a bum.”

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“Three weeks ago, she was a bum, a failed vice president and a failed administration with millions of people crossing. And she was the border czar. Now they’re trying to say she never was,” the former president said.

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“If radical liberal Kamala Harris gets in and, by the way, there are numerous ways of saying her name, they were explaining to me. … I said, don’t worry about it.

“Doesn’t matter what I say. I couldn’t care less if I mispronounce it or not. I couldn’t care less.”

Dr. Ronny Jackson, the former White House doctor, released a letter earlier Friday offering an update on Trump’s health after the assassination attempt July 13 in Butler, Pennsylvania.

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Former President Trump, the 2024 Republican presidential nominee, speaks at Turning Point Action’s Believers Summit in West Palm Beach, Fla., July 26, 2024. (Chandan Khanna/AFP via Getty Images)

“I want to reassure the American people and the rest of the world that President Trump is doing extremely well,” Jackson said.

“He is rapidly recovering from the gunshot wound to his right ear. I will continue to be available to assist President Trump and his personal physician in any way they see fit and will provide updates as necessary and with the permission of President Trump.”

“What struck former President Trump in the ear was a bullet, whether whole or fragmented into smaller pieces, fired from the deceased subject’s rifle,” the FBI confirmed Friday to Fox News Digital.

Trump and running mate JD Vance, the Ohio senator, are scheduled to appear for a campaign rally in St. Cloud, Minnesota, Saturday.

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From Let's Go Brandon to Let's Go Brenda. Trump merch sellers say they'll be just fine after Biden exit

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From Let's Go Brandon to Let's Go Brenda. Trump merch sellers say they'll be just fine after Biden exit

Vincent Scuzzese runs a store in New Jersey named Let’s Go Brandon.

Yes, that Let’s Go Brandon, the pro-Trump mantra gracing Scuzzese’s merchandise — shirts, flags, mugs, makeup compacts and more. There’s a Let’s Go Brandon adult coloring book (subtitle: “The Story of the WORST President in U.S. History”). And for the athletic, a 32-inch Let’s Go Brandon skateboard.

So, what happens now that “Brandon” himself has dropped out of the presidential race and endorsed his second-in-command, Vice President Kamala Harris?

A rebrand.

Scuzzese’s shelves now offer merch with a new motto: Let’s Go Brenda.

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“My sales are going nuts,” said Scuzzese, 59, who opened his store in a strip mall off Route 37 in Toms River, N.J., two years ago. “Biden dropped out, but Kamala has the same views — even worse views. She’s more socialist.”

After Biden quit the race Sunday, social media quickly filled with jokes about warehouses full of rotting, deeply discounted anti-Biden merch and Let’s Go Brandon flags flying at half-staff. One meme includes an altered photo of a marquee sign for a different Let’s Go Brandon store; the memester added a fake banner for Spirit Halloween, the seasonal retailer that pops up in empty stores.

But the folks selling anti-Biden swag say they will be just fine, thank you very much.

“Dear Liberal Snowflakes, We appreciate your fan emails and phone calls voicing your concerns in regards to our now ‘useless inventory’ since the Sleepy Joe dropout. We understand that liberals don’t have an IQ of even two digits and have no idea how printing businesses work,” the website for the Let’s Go Brandon Online Shop read on Thursday.

Even if Let’s Go Brenda — the female version of Brandon — catches on, the original slogan doesn’t appear to be going away anytime soon.

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The crass catchphrase, which began as a sort-of-but-not-really inside joke among supporters of former President Trump, became so ubiquitous that the Republican National Committee sells its own Brandon-branded beverage koozies, bumper stickers and grilling irons.

“It was a way to signal to other MAGA people that they’re in the club and to signal to the liberals in the community that they’re not welcome,” said Tim Miller, a former RNC spokesman, who left the GOP in 2020 and is now a Trump critic.

“I’m sure there will be plenty of anti-Kamala slogans,” Miller said. But Brandon “might stick around,” he said, like Trump’s Make America Great Again slogan and MAGA acronym, as well as the red hats.

The Let’s Go Brandon jeer came from a viral video of NASCAR driver Brandon Brown being interviewed in October 2021 by an NBC reporter after winning his first Xfinity Series race at the Talladega Superspeedway in Alabama.

In the crowd, people chanted, “F— Joe Biden!” The reporter, apparently trying to cover up the obscenity, suggested they were yelling, “Let’s go, Brandon!”

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Let’s Go Brandon is an anti-Biden slogan seen on countless flags, shirts and merchandise across the country.

(Anadolu Agency via Getty Images)

The taunt later inspired pro-Biden memes with a laser-eyed alter ego of the president called Dark Brandon. Although Biden embraced the image and his campaign sold its own Dark Brandon swag, the meme never came close to overtaking Let’s Go Brandon.

Or, for that matter, the vulgar acronym FJB — it means what you think it means — which adorns countless flags and bumper stickers across the country.

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Outside the Thunder-Rode motorcyle accessories shop on Route 66 in Kingman, Ariz., owner Jack Alexander flies a flag with an anti-Biden expletive. He’s got some inside, too. They sell well, he said.

For now, he has no plans to get rid of them. Alexander said it does not make sense “to spend a lot of money” on new merch before the party’s nomination becomes official at the Democratic National Convention in Chicago next month.

“We don’t think Harris is going to make it past the convention,” Alexander said. “We feel there’s going to be a war within the Democratic Party because of the non-election process that put her where she is.”

In New Jersey, Scuzzese said sales at the Let’s Go Brandon store have been through the roof since the failed assassination attempt against Trump during a July 13 rally in Butler, Penn. That night, Scuzzese said, he was so busy that he kept his store open long past closing time.

“Before he got shot, people were afraid to wear his hat and put his flags on their house,” Scuzzese said. Afterward, “they were coming in and buying hats and saying, ‘I’m not taking this hat off. I’m wearing it proudly. I hid it for long enough.’”

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Scuzzese quickly hawked shirts with the iconic photo of a bloodied Trump raising his fist in front of the American flag. And his Let’s Go Brenda shirts were on the shelves within two days of Biden quitting the race.

Despite Biden’s exit, Scuzzese has no plans, at least for now, to change the name of his business.

And the Let’s Go Brandon phrase itself?

“At least until the election,” Scuzzese said, “it ain’t going nowhere.”

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Park Police union says officers ‘did everything they could’ during DC anti-Israel riot

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Park Police union says officers ‘did everything they could’ during DC anti-Israel riot

Following the protests at Union Station by anti-Israel agitators defacing federal property in protest of Israeli Prime Minister Benjamin Netanyahu’s address to Congress, a Park Police union is pushing back against criticism that only a few arrests were made.

Thousands of Hamas-sympathizing agitators descended on Washington, D.C., Tuesday, at one point defacing federal monuments with phrases in support of the terrorist group responsible for the Oct. 7 attacks in Israel, saying, “Hamas is coming.” 

Twenty-three people were arrested at the protests, but some have suggested that number should have been higher. 

Sen. Marco Rubio, R-Fla., posted on X, “How many more times are they going to allow leftist degenerates who support terrorism and hate America to vandalize property and attack police? There should have been hundreds of arrests today in D.C. not just 23.”

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The Columbus Memorial Fountain at Union Station during an anti-Israel protest on the day Israeli Prime Minister Benjamin Netanyahu addressed a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Seth Herald)

But the U.S. Park Police Labor Committee is pushing back.

“Our officers on the ground did everything they could to protect life and property. In fact, despite having only 29 officers available to mitigate damage — 29! — with no additional help from the Department of the Interior, we processed several arrests for charges ranging from assault on a police officer to destruction of government property,” Kenneth Spencer, chairman of the United States Park Police Fraternal Order of Police, said in a statement. 

“That’s why it’s so disheartening to hear some members of Congress and members of the media, many of whom describe themselves as ‘champions’ of law enforcement, suggesting that officers gave protesters a ‘pass’ or that insufficient arrests were made. 

“Nothing could be further from the truth. Anyone who truly cares to understand the problem would see that our officer staffing crisis is at the root of our agency’s mission readiness. A small unit of 29 officers arrested 10 individuals while being assaulted by a mob of thousands. We simply did not have the staffing or resources to accomplish a mass arrest operation.”

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A pro-Palestinian demonstrator sprays graffiti on Christopher Columbus Memorial Fountain at Union Station

An anti-Israel demonstrator sprays graffiti on the Christopher Columbus Memorial Fountain at Union Station on the day of Israeli Prime Minister Benjamin Netanyahu’s address to a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Nathan Howard)

At least one demonstrator, whose face was covered, was spotted by Fox News carrying what appeared to be the flag of the terrorist group Hamas while others were heard shouting “Allahu Akbar.”

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Protesters-gather-for-Israeli-PM-Netanyahu's-address-to-Congress-in-Washington

Anti-Israel demonstrators burn an effigy depicting Israeli Prime Minister Benjamin Netanyahu outside Union Station on the day of Netanyahu’s address to a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Nathan Howard)

The White House condemned the protests Wednesday evening, calling the chaos “disgraceful.” 

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“Identifying with evil terrorist organizations like Hamas, burning the American flag or forcibly removing the American flag and replacing it with another is disgraceful,” White House spokesperson Andrew Bates said in a comment to Fox News Digital Wednesday evening. 

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