Politics
During Watergate, the Supreme Court spoke with one voice. Can it do the same in Trump's case?
Fifty years ago this month, the U.S. Supreme Court was mulling a landmark case with profound implications for America’s democracy.
The question before justices in the Watergate tapes dispute was whether the president was above the law, shielded from prosecutors and a judge who were investigating a crime.
The court’s answer was clear, unflinching and unanimous.
A unanimous Supreme Court ruling helped resolve another constitutional crisis in 1974, when President Nixon claimed executive privilege over his White House tapes during the Watergate investigation.
(Associated Press)
The Constitution has no “absolute, unqualified presidential privilege of immunity,” the court said in July 1974 in United States vs. Nixon. The president’s claim of executive privilege for his White House tapes, justices said, “cannot prevail over the fundamental demands of … the fair administration of criminal justice.”
Chief Justice Warren Burger, an appointee of then-President Nixon, wrote the court’s opinion. The Watergate case marked a high point for an often divided and contentious court and helped bring together a nation that was in the grip of a constitutional crisis.
The same basic issue is before the court again in Trump vs. United States: Are presidents above the law, immune forever from criminal charges for their actions in the White House? Or can they be prosecuted and held to account for breaking the law?
The decision figures to rewrite the law on the powers of the president and a cast a lasting shadow on the Supreme Court led by Chief Justice John G. Roberts Jr.
Few are predicting the current court will rise to the occasion and deliver a clear, unanimous ruling.
The two sides of the debate drew a sharp contrast when the court heard arguments in late April.
“Without presidential immunity from criminal prosecution,” Trump’s attorney John Sauer told the court, “there can be no presidency as we know it.”
Justice Department veteran Michael Dreeben replied that presidential immunity had been rejected in the past and should be rejected now.
“All former presidents have known that they could be indicted and convicted. And Watergate cemented that understanding,” Dreeben said, arguing on behalf of special counsel Jack Smith.
The Justice Department’s Michael Dreeben, speaking to justices on April 25 in this artist’s sketch, argued that “all former presidents have known that they could be indicted and convicted. And Watergate cemented that understanding.”
(Dana Verkouteren / Associated Press)
If the justices split along ideological lines, with the three liberals in dissent, the decision is sure to be condemned as partisan.
So the chief justice is likely to try to put together a majority that includes at least one liberal for what could be seen as a middle-ground position.
That would mean rejecting Trump’s claim of absolute immunity as well as Smith’s view that a former president has no shield from being prosecuted, even for truly official acts.
Trump was indicted last year on accusations of conspiring to overturn the results of the 2020 presidential election he’d lost to Joe Biden, including by making false claims of election fraud and encouraging thousands of his supporters to march to the Capitol on Jan. 6, 2021, when the House and Senate met to confirm Biden’s election.
Trump pleaded not guilty and insisted that his actions — taken while he was president — should be forever immune from prosecution.
Several Justices — some of whom have worked in Washington for decades — said during arguments in April that a president’s use of his “core executive powers” should be off-limits to future charges. They are wary of opening the door to politically driven criminal investigations.
Prior to Trump, no president had been indicted after leaving office, though at times charges were contemplated.
Could President Reagan have been prosecuted for the so-called Iran-Contra affair, a secret White House scheme to sell arms to Iran to support rebels in Nicaragua after Congress blocked their funding? Could President George H.W. Bush have been prosecuted for denying he knew about the scheme when he was vice president? While no such charges were brought, an independent counsel looked into those allegations.
President Reagan, seen in 1987, and his vice president and successor, George H.W. Bush, were investigated for possible charges in the Iran-Contra scandal, but were not among the 13 people indicted.
(Dennis Cook / Associated Press)
President Clinton was also threatened with prosecution after leaving office for having lied to investigators about his relationship with a White House intern.
To take a more recent example, could former President George W. Bush have been investigated or prosecuted by a Democratic administration for his responsibility in the harsh treatment of detainees at Guantanamo Bay, Cuba, or over the alleged torture of prisoners at secret CIA sites in Europe?
The Obama administration did not pursue any such charges, but former White House lawyers, including now-Justice Brett M. Kavanaugh, voiced concern about subjecting presidents to criminal charges after they leave office.
A critical question in the Trump case is: What qualifies as an “official” act by a president, and what sort of actions are considered private, even potentially criminal?
Most of the justices appeared to agree during arguments in April that Trump had been indicted over a private scheme, not for the use of any core executive powers.
Justice Amy Coney Barrett, a Trump appointee, noted that the former president was accused of enlisting lawyers to submit “false claims of election fraud” and to send “fraudulent slates of presidential electors” to Congress.
“Sounds private,” she said.
Trump appointee Amy Coney Barrett was among a majority of justices in April who seemed to agree that the former president had been indicted over a private scheme as a candidate, not for official presidential actions.
(Morry Gash / Associated Press)
Sauer, the Trump attorney, agreed.
“So you would not dispute those were private, and you wouldn’t raise a claim that they were official?,” Barrett asked.
Again, the lawyer agreed.
Later, when pressed by others, Sauer agreed with a lower court that had drawn a distinction between the conduct of an officeholder and that of a candidate for office. Prosecutors relied on that distinction, arguing that Trump was indicted for his actions as a failed candidate for reelection, not as an officeholder carrying out his official duties.
Barrett’s questions hinted at the possibility of a narrow ruling rejecting Trump’s claim of immunity from charges that he conspired to overturn his election defeat. The three liberal justices could agree with that.
But conservative Justices Samuel A. Alito Jr., Neil M. Gorsuch and Kavanaugh said they favored a broader shield for presidents when they use their official powers.
If that becomes the majority opinion, the court’s liberals may well refuse to go along. They voiced concern about shielding a president who abuses his power.
What if the president orders a “military coup?” Justice Elena Kagan asked during the arguments.
As commander in chief, if a president “told the generals: ‘I don’t feel like leaving office. I want to stage a coup,’” she asked, would that be an official act, shielded from future prosecution?
“It could well be,” Sauer replied.
John Sauer, right, with the former president and fellow Trump lawyer John Lauro in January, said in April that a president “could well be” be shielded from prosecution for ordering a military coup to stay in office.
(Susan Walsh / Associated Press)
So the problem facing the chief justice is that an opinion supporting a president’s immunity for official acts could drive the three liberals to dissent, while some conservatives may balk and refuse to join a ruling if it only holds that an ex-president can be prosecuted.
Four years ago, Roberts had a solid 7-2 majority rule against a Trump claim of “absolute immunity” and order the then-president to turn over financial and tax records to New York prosecutors.
The chief justice said the presidential supremacy claimed by Trump had never been part of America’s history.
“In our judicial system, the public has a right to every man’s evidence. Since the earliest days of the republic, ‘every man’ has included the president of the United States,” Roberts wrote in Trump vs. Vance. Two conservative justices, Alito and Clarence Thomas, dissented.
Critics say the Roberts court has already delivered a victory of sorts for Trump by taking so long to decide on his immunity claim.
“This case goes to the heart of our democracy, and they’ve been slow-walking it,” said Fred Wertheimer, president of Democracy21 and a champion of campaign funding limits since the Watergate era. The court decided the Watergate case 16 days after the oral argument, he noted.
This year, by contrast, the justices have taken months to ponder a claim of immunity, a delay that has postponed Trump’s federal prosecutions and is almost certain to prevent a jury from deciding before the November election whether he conspired to overturn his defeat in the 2020 election.
“The court should never have taken this case,” Wertheimer said. “The voters were entitled to know whether Trump engaged in criminal conduct to overturn an election he lost.”
He’s not the only Watergate-era lawyer who is troubled. In 1974, Philip Lacovara, as counsel to the special prosecutor, urged the Supreme Court to reject Nixon’s claim of executive privilege with a “definitive” ruling. Nixon had hinted he may defy the decision if the justices were divided.
Vice President Gerald R. Ford, in the foreground at Nixon’s final Cabinet meeting before his August 1974 resignation, would go on to pardon his former boss ahead of his “possible indictment and trial for offenses against the United States.”
(David Hume Kennerly / Getty Images)
Just 16 days after the court ordered him to disclose the tapes, Nixon resigned. A month later, President Ford granted him a full pardon, after saying his predecessor was facing “possible indictment and trial for offenses against the United States.”
In a recent interview, Lacovara warned against making a former president immune from criminal prosecution, noting that history has shown that sometimes strong men with no moral compass can win election.
“That’s why this could be the most dangerous decision the court has ever made,” he said of Trump’s case. “Once you crack it open and say the president gets to violate some laws, there’s no way to constrain it. You have started down a very dangerous road.”
Politics
Iran fires missiles at US bases across Middle East after American strikes on nuclear, IRGC sites
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Iran launched missile and drone strikes targeting U.S. military facilities in multiple Middle Eastern countries Friday, retaliating after coordinated U.S.–Israeli strikes on Iranian military and nuclear-linked sites.
Explosions were reported in or near areas hosting American forces in Bahrain, Qatar, the United Arab Emirates, Kuwait and Jordan, according to regional officials and state media accounts. Several of those governments said their air defense systems intercepted incoming projectiles.
It remains unclear whether any U.S. service members were killed or injured, and the extent of potential damage to American facilities has not yet been confirmed. U.S. officials have not publicly released casualty figures or formal damage assessments.
Iran’s Islamic Revolutionary Guard Corps (IRGC) described the operation as a direct response to what Tehran called “aggression” against Iranian territory earlier in the day. Iranian officials claimed they targeted U.S. military infrastructure and command facilities.
Explosions were reported in or near areas hosting American forces in Bahrain, pictured above. (Photo by Petty Officer 2nd Class Adelola Tinubu/U.S. Naval Forces Central Command/U.S. 5th Fleet )
The United States military earlier carried out strikes against what officials described as high-value Iranian targets, including IRGC facilities, naval assets and underground sites believed to be associated with Iran’s nuclear program. One U.S. official told Fox News that American forces had “suppressed” Iranian air defenses in the initial wave of strikes.
Tomahawk cruise missiles were used in the opening phase of the U.S. operation, according to a U.S. official. The campaign was described as a multi-geographic operation designed to overwhelm Iran’s defensive capabilities and could continue for multiple days. Officials also indicated the U.S. employed one-way attack drones in combat for the first time.
IF KHAMENEI FALLS, WHO TAKES IRAN? STRIKES WILL EXPOSE POWER VACUUM — AND THE IRGC’S GRIP
Smoke rises after reported Iranian missile attacks, following strikes by the United States and Israel against Iran, in Manama, Bahrain, Feb. 28, 2026. (Reuters)
Iran’s retaliatory barrage targeted countries that host American forces, including Bahrain — home to the U.S. Navy’s Fifth Fleet — as well as Qatar’s Al Udeid Air Base and the UAE’s Al Dhafra Air Base. Authorities in those nations reported intercepting many of the incoming missiles. At least one civilian was killed in the UAE by falling debris, according to local authorities.
Iranian officials characterized their response as proportionate and warned of additional action if strikes continue. A senior U.S. official described the Iranian retaliation as “ineffective,” though independent assessments of the overall impact are still developing.
Smoke rises over the city after the Israeli army launched a second wave of airstrikes on Iran in Tehran on Feb. 28, 2026. (Fatemeh Bahrami/Anadolu via Getty Images)
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Regional governments condemned the strikes on their territory as violations of sovereignty, raising the risk that additional countries could become directly involved if escalation continues.
The situation remains fluid, with military and diplomatic channels active across the region. Pentagon officials are expected to provide further updates as damage assessments and casualty reviews are completed.
Fox News’ Jennifer Griffin contributed to this report.
Politics
Why Iran resists giving up its nuclear program, even as Trump threatens strikes
Embassy staffers and dependents evacuating, airlines suspending service, eyes in Iran warily turning skyward for signs of an attack.
The prospects of a showdown between the U.S. and Iran loom ever higher, as massive American naval and air power lies in wait off Iran’s shores and land borders.
Yet little of that urgency is felt in Iran’s government. Rather than quickly acquiescing to President Trump’s demands, Iranian diplomats persist in the kind of torturously slow diplomatic dance that marked previous discussions with the U.S., a pace that prompted Trump to declare on Friday that the Iranians were not negotiating in “good faith.”
But For Iran’s leadership, Iranian experts say, concessions of the sort Trump are asking for about nuclear power and the country’s role in the Middle East undermine the very ethos of the Islamic Republic and the decades-old project it has created.
“As an Islamic theocracy, Iran serves as a role model for the Islamic world. And as a role model, we cannot capitulate,” said Hamid Reza Taraghi, who heads international affairs for Iran’s Islamic Coalition Party, or Hezb-e Motalefeh Eslami.
Besides, he added, “militarily we are strong enough to fight back and make any enemy regret attacking us.”
Even as another round of negotiations ended with no resolution this week, the U.S. has completed a buildup involving more than 150 aircraft into the region, along with roughly a third of all active U.S. ships.
Observers say those forces remain insufficient for anything beyond a short campaign of a few weeks or a high-intensity kinetic strike.
Iran would be sure to retaliate, perhaps against an aircraft carrier or the many U.S. military bases arrayed in the region. Though such an attack is unlikely to destroy its target, it could damage or at least disrupt operations, demonstrating that “American power is not untouchable,” said Hooshang Talé, a former Iranian parliamentarian.
Tehran could also mobilize paramilitary groups it cultivated in the region, including Iraqi militias and Yemen’s Houthis, Talé added. Other U.S. rivals, such as Russia and China, may seize the opportunity to launch their own campaigns elsewhere in the world while the U.S. remains preoccupied in the Middle East, he said.
“From this perspective, Iran would not be acting entirely alone,” Tale said. “Indirect alignment among U.S. adversaries — even without a formal alliance — would create a cascading effect.”
We’re not exactly happy with the way they’re negotiating and, again, they cannot have nuclear weapons
— President Trump
The U.S. demands Iran give up all nuclear enrichment and relinquish existing stockpiles of enriched uranium so as to stop any path to developing a bomb. Iran has repeatedly stated it does not want to build a nuclear weapon and that nuclear enrichment would be for exclusively peaceful purposes.
The Trump administration has also talked about curtailing Iran’s ballistic missile program and its support to proxy groups, such as Hezbollah, in the region, though those have not been consistent demands. Tehran insists the talks should be limited to the nuclear issue.
After indirect negotiations on Thursday, Oman’s Foreign Minister Badr al-Busaidi — the mediator for the talks in Geneva — lauded what he said was “significant progress.” Iranian Foreign Ministry spokesman Esmail Baghaei said there had been “constructive proposals.”
Trump, however, struck a frustrated tone when speaking to reporters on Friday.
“We’re not exactly happy with the way they’re negotiating and, again, they cannot have nuclear weapons,” he said.
Trump also downplayed concerns that an attack could escalate into a longer conflict.
This frame grab from footage circulating on social media shows protesters dancing and cheering around a bonfire during an anti-government protest in Tehran, Iran, on Jan. 9.
(Uncredited / Associated Press)
“I guess you could say there’s always a risk. You know, when there’s war, there’s a risk in anything, both good and bad,” Trump said.
Three days earlier, in his State of the Union address Tuesday, said, “My preference is to solve this problem through diplomacy. But one thing is certain, I will never allow the world’s number one sponsor of terror, which they are by far, to have a nuclear weapon — can’t let that happen.”
There are other signs an attack could be imminent.
On Friday, the U.S. Embassy in Israel allowed staff to leave the country if they wished. That followed an earlier move this week to evacuate dependents in the embassy in Lebanon. Other countries have followed suit, including the U.K, which pulled its embassy staff in Tehran. Meanwhile, several airlines have suspended service to Israel and Iran.
A U.S. military campaign would come at a sensitive time for Iran’s leadership.
The country’s armed forces are still recovering from the June war with Israel and the U.S, which left more than 1,200 people dead and more than 6,000 injured in Iran. In Israel, 28 people were killed and dozens injured.
Unrest in January — when security forces killed anywhere from 3,000 to 30,000 protesters (estimates range wildly) — means the government has no shortage of domestic enemies. Meanwhile, long-term sanctions have hobbled Iran’s economy and left most Iranians desperately poor.
Despite those vulnerabilities, observers say the U.S. buildup is likely to make Iran dig in its heels, especially because it would not want to set the precedent of giving up positions at the barrel of a U.S. gun.
Other U.S. demands would constitute red lines. Its missile arsenal, for example, counts as its main counter to the U.S. and Israel, said Rose Kelanic, Director of the Middle East Program at the Defense Priorities think tank.
“Iran’s deterrence policy is defense by attrition. They act like a porcupine so the bear will drop them… The missiles are the quills,” she said, adding that the strategy means Iran cannot fully defend against the U.S., but could inflict pain.
At the same time, although mechanisms to monitor nuclear enrichment exist, reining in Tehran’s support for proxy groups would be a much harder matter to verify.
But the larger issue is that Iran doesn’t trust Trump to follow through on whatever the negotiations reach.
After all, it was Trump who withdrew from an Obama-era deal designed to curb Iran’s nuclear ambitions, despite widespread consensus Iran was in compliance.
Trump and numerous other critics complained Iran was not constrained in its other “malign activities,” such as support for militant groups in the Middle East and development of ballistic missiles. The Trump administration embarked on a policy of “maximum pressure” hoping to bring Iran to its knees, but it was met with what Iran watchers called maximum resistance.
In June, he joined Israel in attacking Iran’s nuclear facilities, a move that didn’t result in the Islamic Republic returning to negotiations and accepting Trump’s terms. And he has waxed wistfully about regime change.
“Trump has worked very hard to make U.S. threats credible by amassing this huge military force offshore, and they’re extremely credible at this point,” Kelanic said.
“But he also has to make his assurances credible that if Iran agrees to U.S. demands, that the U.S. won’t attack Iran anyway.”
Talé, the former parliamentarian, put it differently.
“If Iranian diplomats demonstrate flexibility, Trump will be more emboldened,” he said. “That’s why Iran, as a sovereign nation, must not capitulate to any foreign power, including America.”
Politics
Video: Bill Clinton Says He ‘Did Nothing Wrong’ in House Epstein Inquiry
new video loaded: Bill Clinton Says He ‘Did Nothing Wrong’ in House Epstein Inquiry
transcript
transcript
Bill Clinton Says He ‘Did Nothing Wrong’ in House Epstein Inquiry
Former President Bill Clinton told members of the House Oversight Committee in a closed-door deposition that he “saw nothing” and had done nothing wrong when he associated with Jeffrey Epstein decades ago.
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“Cause we don’t know when the video will be out. I don’t know when the transcript will be out. We’ve asked that they be out as quickly as possible.” “I don’t like seeing him deposed, but they certainly went after me a lot more than that.” “Republicans have now set a new precedent, which is to bring in presidents and former presidents to testify. So we’re once again going to make that call that we did yesterday. We are now asking and demanding that President Trump officially come in and testify in front of the Oversight Committee.” “Ranking Member Garcia asked President Clinton, quote, ‘Should President Trump be called to answer questions from this committee?’ And President Clinton said, that’s for you to decide. And the president went on to say that the President Trump has never said anything to me to make me think he was involved. “The way Chairman Comer described it, I don’t think is a complete, accurate description of what actually was said. So let’s release the full transcript.”
By Jackeline Luna
February 27, 2026
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