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Fani Willis’ ‘sordid scandal’ could make finding a jury in the Trump case ‘much harder’: experts

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Fani Willis’ ‘sordid scandal’ could make finding a jury in the Trump case ‘much harder’: experts

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After a Georgia judge gave embattled District Attorney Fani Willis an ultimatum to resign or remove her ex-lover and subordinate counsel, legal experts say their “illicit affair” could complicate jury selection in the case against former President Trump. 

On Friday morning, Fulton County Superior Court Judge Scott McAfee decided lawyers for Trump and several co-defendants charged in the sweeping 2020 election interference case “failed to meet their burden of proving” an “actual conflict of interest in this case” after alleging Willis benefited from hiring special prosecutor Nathan Wade, with whom she was romantically involved. 

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By Friday afternoon, Wade resigned from his position, noting in a letter to Willis he was doing so “in the interest of democracy,” leaving Willis to move forward with the prosecution. 

But legal experts told Fox News Digital Willis’ “sordid scandal” further complicates selecting a jury in an already high-profile case.

TRUMP GEORGIA CASE: FIVE KEY TAKEAWAYS FROM JUDGE’S ORDER GIVING DA FANI WILLIS AN ULTIMATUM

Fulton County District Attorney Fani Willis during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)

“Judge McAfee said in his order that, ‘Whether this case ends in convictions, acquittals or something in between, the result should be one that instills confidence in the process,’” John Malcolm, a former assistant U.S. attorney in Atlanta, told Fox News Digital. 

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“Fani Willis’ actions here have made that laudable goal much harder to achieve and will certainly prolong the process of picking a jury that does not have a preconceived opinion about what the outcome ought to be or how fair the process has been to the defendants.”

GEORGIA JUDGE TOSSES KEY WITNESS’S TESTIMONY AGAINST FANI WILLIS, CITING ‘INCONSISTENCIES’: COURT ORDER

Nathan Wade

Special prosecutor Nathan Wade sits in court during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)

While there’s no legal requirement to find a potential juror who doesn’t know anything about the case or hasn’t been following it, the judge must ask potential jurors if they can put aside whatever information they may have heard outside the courtroom along with whatever biases or preconceived notions they have about the case and focus only on the evidence presented in the courtroom.

“Jury selection is already a huge challenge in cases involving President Trump,” Jim Trusty, former legal counsel for Trump and a former federal prosecutor, told Fox News Digital. 

TRUMP ATTORNEY REACTS TO FULTON COUNTY JUDGE’S FANI WILLIS DECISION: ‘PROSECUTORIAL MISCONDUCT’ 

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Trump Mar-a-Lago

Former President Trump arrives for an election night watch party at Mar-a-Lago March 5, 2024, in West Palm Beach, Fla. (Win McNamee/Getty Images)

“Having a sordid scandal play out in public hearings — and making inflammatory comments in church — will not make jury selection any easier,” Trusty said, adding there is a risk “prospective jurors might lie about their biases to be a part of the big case.”

John Shu, a legal scholar and commentator who served in the administrations of presidents George H. W. Bush and George W. Bush, said, “The prosecution of former President Donald Trump was already high profile. Adding the fallout of Fani WIllis’ illicit affair and scolding by the Fulton County judge only complicates jury selection.”

Willis, from the onset, has sought a trial to commence before the November election, less than one year after a grand jury returned an indictment. 

But Shu says in light of delays resulting from the motions to disqualify Willis and the judge deciding earlier this week to dismiss some of the charges against Trump and his co-defendants, Willis is still “months away” from getting to trial. 

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Fox News Digital reached out to Willis’ office for comment.

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Supreme Court will decide if parents have a religious liberty right to reject LGBTQ+ lessons for their kids

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Supreme Court will decide if parents have a religious liberty right to reject LGBTQ+ lessons for their kids

The Supreme Court agreed Friday to take up a culture wars dispute and decide whether parents have a religious liberty right to have their children “opt out” of using school textbooks and lesson plans with LGBTQ+ themes.

The court voted to hear an appeal from a group of Muslim, Jewish and Christian parents in Montgomery County, Md., who objected to new storybooks for elementary school children that they said “celebrate gender transitioning, pride parades, and pronoun preferences with kids as young as three and four.”

At first, the school board reacted to the complaints by saying parents could have their children excused from the class when the new textbooks were being used or discussed.

But after seeing a “growing number of opt out requests,” the school district reversed course in 2023 and said no opt-outs would be granted “for any reason.”

The parents then sued in federal court, citing the 1st Amendment’s protection for the free exercise of religion.

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They were represented by the Becket Fund for Religious Liberty. After failing to win a court order in favor of the parents, they urged the Supreme Court to hear the case and to give parents an “opt out” right for books that they say offend their religious beliefs.

They argued many of the new “inclusivity” books for students from kindergarten to fifth grade champion a progressive ideology about gender and sexuality.

They cited one book that told 3- and 4-year-olds to search for images from a word list that includes “intersex flag,” “drag queen,” “underwear,” “leather.” Another book advocated a child-knows-best approach to gender transitioning, they said.

Eric Baxter, senior counsel at Becket, welcomed the court’s intervention.

“Cramming down controversial gender ideology on three-year-olds without their parents’ permission is an affront to our nation’s traditions, parental rights, and basic human decency,” he said in a statement. “The court must make clear: parents, not the state, should be the ones deciding how and when to introduce their children to sensitive issues about gender and sexuality.”

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Last month, the school district’s lawyers said there was no reason for the justices to take up the case.

“Every court of appeals that has considered the question has held that mere exposure to controversial issues in a public-school curriculum does not burden the free religious exercise of parents or students,” they said. “Parents who choose to send their children to public school are not deprived of their right to freely exercise their religion simply because their children are exposed to curricular materials the parents find offensive.”

The justices are likely to schedule the case of Mahmoud vs. Taylor for arguments in late April.

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An Illustrated Guide to Trump’s Conflict of Interest Risks

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An Illustrated Guide to Trump’s Conflict of Interest Risks

During his first administration, President-elect Donald J. Trump’s global business empire created an unprecedented number of conflicts of interest for a sitting president. Ethics experts worried that opportunists could try to curry favor by booking stays at Mr. Trump’s network of hotels, golf clubs and other properties.

Their predictions bore out: Foreign governments and lobbyists spent lavishly at his Washington hotel, which has since been sold, as well as at his Mar-a-Lago resort and other properties. The federal government itself also became an awkward customer by renting millions of dollars’ worth of rooms at his hotels and clubs.

Those concerns now seem almost quaint in light of some of Mr. Trump’s more recent business ventures. They include a publicly traded company, a cryptocurrency venture, new overseas real estate deals involving state-affiliated entities and numerous branding and licensing deals.

The new additions to Mr. Trump’s portfolio could provide more direct avenues for those wishing to influence a sitting president or even to try to extort him, according to some outside ethics lawyers.

Some of the new international real estate deals are among the most potentially worrisome.

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Several of Mr. Trump’s recent real estate projects have connections to foreign governments in the Middle East, raising concerns that Mr. Trump’s financial interests could influence foreign policy.

Many of the contracts that the Trump family has negotiated overseas since Mr. Trump left office are so-called branding deals. The Trump family sells its name to international developers that build residential and resort complexes and sell luxury units at a premium, they hope, based on Mr. Trump’s perceived star power.

One of the developments, a luxury hotel and golf course complex in the Middle Eastern nation of Oman, is being built on land owned by the country’s government. That project and three others are proceeding in partnership with a subsidiary of a Saudi-based real estate company, Dar Al Arkan, which has close ties with the Saudi government. Saudi Arabia has a long list of pressing matters before the United States, including requests to buy F-35 fighter jets and gain access to nuclear power technology.

Oman also plays an important role in the Middle East, often serving as a middleman between the United States and Iran.

It is extremely unusual, historians say, for any U.S. president to be involved in family business deals with a foreign government nexus at the same time as he is managing foreign policy matters that affect that same nation.

A new cryptocurrency business introduces an entirely different set of ethics concerns.

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Last fall, the Trump family helped launch World Liberty Financial, a platform for investors to borrow and lend using cryptocurrencies. The Trump family members are not owners or officers in the company, but they have an agreement to be paid for helping promote it.

After getting off to a rocky start, the company got a boost in the form of a $30 million token purchase by Justin Sun, a cryptocurrency executive who has been targeted by the Securities and Exchange Commission on fraud claims unrelated to World Liberty Financial. Mr. Sun has moved to dismiss the case.

As of November, World Liberty claimed to have at least 20,000 token holders who have bought a stake in what the company calls a “platform inspired by Donald J. Trump.” These purchases were made even though the tokens — at least for now — cannot be resold, meaning they have no immediate value to the buyers.

But the purchases, made by individuals whose names are not public, should generate tens of millions of dollars in payments to the Trump family, according to company filings.

Mr. Trump has already seen the effect he can have on the cryptocurrency market. When he announced his pick for S.E.C. chairman, the crypto advocate and lawyer Paul Atkins, Bitcoin value surged above $100,000 for the first time in its history. Mr. Trump immediately moved to claim credit for the milestone. “CONGRATULATIONS BITCOINERS!!! $100,000!!! YOU’RE WELCOME!!! Together, we will Make America Great Again!,” he wrote on his social media platform, Truth Social.

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Mr. Trump himself, according to his 2024 financial disclosure, owned as much as $5 million worth of Ethereum, a token second only to Bitcoin in popularity. That cryptocurrency has also surged in value since the election.

The new leadership at the S.E.C. is likely to decide on rules that could significantly increase the value of Ethereum, Bitcoin and tokens at World Liberty Financial. They could also pave the way for the company to market its coins to a wider swath of the public,, which would potentially generate hundreds of millions of dollars in additional payouts to Mr. Trump and his family.

A publicly traded company presents another avenue for persuasion.

Last spring, Trump Media & Technology Group, which is the parent company of Truth Social and the president-elect’s single greatest source of wealth, went public. Buying company shares is another new way special interests could try to sway Mr. Trump, its largest shareholder.

For instance, corporations and others could buy shares in the company or advertise on Truth Social. And while foreigners are not allowed by law to make campaign contributions to Mr. Trump, there is no limit on their ability to buy large chunks of stock in his company, perhaps in an effort to intentionally push up the stock’s value and further enrich the Trump family. Mr. Trump did recently transfer his ownership stake in Trump Media to a trust controlled by his oldest son, Donald Trump Jr.

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As president, Mr. Trump will also be in a unique position to drive traffic — and ultimately revenue — to Truth Social, whose parent company has been struggling to make money.

He has an agreement with Truth Social to post certain types of content on Truth Social first, before posting to other platforms, like Elon Musk’s X.

Most news releases about cabinet picks and other appointments during the Trump-Vance transition have provided links to a corresponding Truth Social post.

Mr. Trump’s name is on an array of new items, some quite expensive.

Then there are the numerous new merchandise licensing deals, which may not give purchasers a direct line to attempt to influence geopolitics but certainly line Mr. Trump’s own pockets. Since leaving the White House, Mr. Trump has lent his name and image to dozens of products.

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  • Bibles and other books. A version of the Bible with Mr. Trump’s signature is available for $1,000.
  • fragrances. Several of these licensed perfumes and colognes bear golden likenesses of Mr. Trump.
  • Trump digital trading cards. Mr. Trump reported making more than $7 million for these “nonfungible tokens,” or NFTs, which depict Trump as a superhero, an astronaut and other characters
  • sneakers. “Trump 47 Crypto President Low Tops” and “Inauguration High-Tops” are among the dozens of styles for sale
  • watches. One model of watch bearing Mr. Trump’s name costs $100,000.
  • guitars. Prices start at $1,000 and go as high as $11,500 for an autographed guitar

The list of such products seems to be growing. It includes three recent books, the first of which relied largely on photos taken by White House photographers, which Mr. Trump repackaged and is now selling for as much as $500 a copy. Mr. Trump more recently has moved to selling Trump Digital Trading Cards, which brought in more than $7 million, according to his latest financial disclosure. He also has helped sell Bibles, earning a cut of the profits. It remains unclear if these merchandise sales benefiting Mr. Trump will continue while he is president.

Almost all of the real estate holdings and deals from Mr. Trump’s first term remain active.

Mr. Trump has an extensive network of assets that he held during his previous term and is carrying into his second, excluding several properties that have been sold since 2017.

In the United States, there are golf clubs and resorts

  • Mar-a-Lago. A membership at Mar-a-Lago currently costs $1 million, triple the price from 2017
  • Trump International West Palm Beach
  • Trump National Bedminster
  • Trump National Charlotte
  • Trump National Colts Neck
  • Trump National Doral. During his last term, Mr. Trump proposed hosting the Group of 7 summit at Doral.
  • Trump National Hudson Valley
  • Trump National Jupiter
  • Trump National Los Angeles
  • Trump National Washington, D.C.
  • Trump National Westchester
  • Trump National Philadelphia

and hotels and residential and commercial properties. Mr. Trump owns some in full or part; others use his name in exchange for a fee.

  • 40 Wall Street
  • Trump International Hotel & Tower Chicago
  • 6 East 57th Street
  • Trump Park Residences
  • Trump Tower. A three-story penthouse in Trump Tower was Mr. Trump’s primary residence for decades.
  • Trump Palace
  • Albemarle Estate
  • Estates at Trump National
  • 555 California Street
  • Trump International Hotel & Tower Las Vegas. Trump International Hotel & Tower, New York City
  • Trump Grande
  • 1290 Avenue of the Americas
  • Trump Towers Sunny Isles
  • Trump Park Avenue
  • Trump Plaza, New Rochelle, N.Y.
  • Park Tower Stamford
  • 610 Park Ave.
  • Trump Parc
  • Trump Parc East.

Overseas, Mr. Trump owns or has branding deals with more than a dozen properties that were also in play during his first administration.

  • Trump Tower Philippines
  • Trump Tower Kolkata
  • Several properties in South Korea
  • Trump Turnberry
  • Château des Palmiers
  • Trump International Golf Links & Hotel
  • Trump International Scotland
  • Trump Tower Punte Del Este
  • Trump International Golf Club & Resort, Lido, Indonesia
  • Trump International Golf Club & Resort, Bali, Indonesia
  • Trump World Golf Club
  • Trump International Golf Club Dubai
  • Trump Tower Mumbai
  • Trump Towers Delhi NCR
  • Trump Towers Pune
  • Trump Towers

And he continues to hold a stake in about half a dozen other assets.

  • Online store. The official retail website of the Trump Organization sells hundreds of Trump-branded products, from hats to wine glasses.
  • Retail store. The store is located in Trump Tower.
  • Aviation: private aircraft
  • Royalties. Mr. Trump still pulls in royalties from “The Apprentice” and books like “The Art of the Deal”
  • Trump International Realty
  • a real estate company.

Before the start of his first term, Mr. Trump made some attempts to distance himself from his businesses.

He said he would place his business holdings in a trust, but the trust was controlled by his two oldest sons instead of an independent entity, which is more the norm. He pledged that there would be “no new deals” by his company involving international real estate projects while he was in the White House.

This month, the Trump family issued an updated ethics pledge that revived many of the earlier promises with one key distinction: The Trump family intends to continue to do new international real estate deals, as long as the counterparties are not foreign governments themselves.

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Eric Trump, the family member most responsible for overseeing the Trump Organization and its new deals, said the family is committed to avoiding any transactions that exploit connections to the White House. The company has appointed a well-known outside ethics lawyer, a former federal prosecutor and corporate lawyer named William A. Burck, to review any new contracts worth more than $10 million. “The Trump Organization is dedicated to not just meeting but vastly exceeding its legal and ethical obligations during my father’s presidency,” Eric Trump said in a statement.

Legal questions loom.

Certain ethics lawyers have argued that some of Mr. Trump’s conflicts of interest are not only a problem, but that they also represent a violation of the so-called emoluments clause in the Constitution, which prohibits a president from certain payments from any foreign government. The president and vice president are not exempt from this provision, as they are from conflict of interest laws that require other senior federal officials to divest from companies that might benefit from their official actions.

Several lawsuits filed against Mr. Trump during his first term argued that he had violated the emoluments clause by accepting payments at the Trump hotel he then owned in Washington, among other business operations.

His first term ended before the federal court system could definitively rule on questions related to emoluments, although the courts did ultimately allow the cases to proceed, suggesting that it remained possible that the outcome could have been against Mr. Trump.

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But the clock ran out and the Supreme Court ruled that the cases were moot as soon as he left office. The legal fight would have to start all over again, but there is likely to be an allegation that the Trump Organization’s continued business deals through some of its subsidiaries with foreign governments is unconstitutional or illegal, these ethics lawyers said.

In the past 50 years, incoming U.S. presidents have voluntarily taken steps to disentangle themselves from any activities that could be perceived as a conflict of interest or moneymaking venture during their time in office.

Jimmy Carter turned over his peanut farm to a trust, which he learned after he left the White House was deeply in debt. Ronald Reagan announced within two weeks of his inauguration that he had sold off all of his investments, other than his ranch and another home, converting these holdings to cash that was then managed by an independent trustee. Lyndon B. Johnson and his wife put her Texas radio and television holdings in a trust.

But these issues have created questions before — a point Mr. Trump’s family and lawyer raised this month when they laid out Mr. Trump’s own ethics plan. When George Washington was president, the Trump lawyers noted, he continued to own a business that exported flour and cornmeal to Europe and the Caribbean. In the 1970s, Vice President Nelson Rockefeller maintained a stake in Standard Oil, which his grandfather founded.

In Mr. Trump’s case, questions about real or potential conflicts extend beyond the president-elect.

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His oldest son, Donald Trump Jr., announced recently that he is joining the venture capital firm 1789 Capital, which focuses on investing in conservative companies and could see its business boosted as a result of its ties to the first family. Mr. Trump’s son Barron is playing a role in World Liberty Financial, as are Donald Trump Jr. and Eric Trump, according to disclosure documents.

And Jared Kushner, the president-elect’s son-in-law, runs a private equity firm called Affinity Partners that has raised $4.5 billion, mostly from sovereign wealth funds of the oil-rich nations of Saudi Arabia, Qatar, the United Arab Emirates, based on relationships he built while in the White House during Mr. Trump’s first term. Mr. Kushner does not plan to return to the White House. But his ties to Mr. Trump will create new ethics concerns as he continues to make investments over the next four years, including luxury hotel deals in Albania and Serbia, where the governments there are his partners.

Most of these potential conflicts did not exist the first time Mr. Trump was in office. It all means these kinds of questions are only going to be more intense this White House term.

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Trump likely to avoid inaugural crowd size controversy with swearing-in moved indoors

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Trump likely to avoid inaugural crowd size controversy with swearing-in moved indoors

Debates over President-elect Trump’s inaugural crowd size notably generated controversy back in 2017, with the White House insisting the media underreported Trump’s numbers.  

With his swearing-in now being moved indoors because of harsh winter weather, Trump is likely to avoid any questions about attendance this time around.

Fox News on Friday learned that Trump’s inauguration would be moved indoors because of icy temperatures forecast for Washington, D.C. on Monday. Trump announced that he had ordered his inaugural address and other ceremonial prayers and speeches be held in the United States Capitol Rotunda to protect people from harm. 

“The weather forecast for Washington, D.C., with the windchill factor, could take temperatures into severe record lows,” Trump posted on Truth Social.

TRUMP TO BE INAUGURATED INSIDE: LAST CEREMONY HELD INDOORS WAS REAGAN’S IN 1985

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The U.S. Capitol Building is surrounded by fencing and bollards in Washington, D.C., on Friday. Preparations are being made for President-elect Trump’s inauguration on Monday. (Fox News Digital)

“There is an Arctic blast sweeping the Country. I don’t want to see people hurt, or injured, in any way. It is dangerous conditions for the tens of thousands of Law Enforcement, First Responders, Police K9s and even horses, and hundreds of thousands of supporters that will be outside for many hours on the 20th (In any event, if you decide to come, dress warmly!),” he continued. 

Trump also said the Capital One Arena will be open Monday for live viewing of his inauguration “and to host the Presidential Parade.” 

“I will join the crowd at Capital One, after my Swearing in,” Trump wrote. 

RNC CHAIR WHATLEY VOWS TO BE ‘TIP OF THE SPEAR’ TO PROTECT TRUMP AFTER COASTING TO RE-ELECTION VICTORY

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The Inaugural Committee confirmed Trump’s statements, saying the ceremony would be moved inside the U.S. Capitol to the Rotunda, a committee spokesperson said. 

With attendees no longer being able to gather outside in the cold, any photo op for Trump and a record crowd is likely out of the picture, and so is any chance for people to dispute Trump’s claimed crowd size like in 2017. 

White House press secretary Sean Spicer speaks during the daily briefing at the White House

Former White House press secretary Sean Spicer lambasted the press shortly after President-elect Trump’s first inauguration following inaccurate reporting about the crowd size.  (The Associated Press)

Former White House press secretary Sean Spicer lambasted the press shortly after Trump’s first inauguration, accusing media outlets of inaccurate reporting on the crowd size. 

The day after the inauguration, Spicer said “photographs of the inaugural proceedings were intentionally framed in a way, in one particular tweet, to minimize the enormous support that had gathered on the National Mall.”

ELON MUSK SLATED TO SPEAK AT TRUMP PRE-INAUGURATION RALLY: REPORT

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He also said at the time that “Inaccurate numbers involving crowd size were also tweeted. No one had numbers, because the National Park Service, which controls the National Mall, does not put any out.”

“These attempts to lessen the enthusiasm of the inauguration are shameful and wrong,” Spicer said. 

The Washington Post reported at the time that Trump had called the acting director of the National Park Service on his first day in office to dispute the photos circulating online of his inaugural crowd size. 

President Biden, with wife Jill Biden, takes the oath of office at his inauguration

President Biden also faced crowd-size barriers during his inauguration in 2021 due to coronavirus restrictions in place. (Getty Images)

President Biden also faced crowd-size barriers during his inauguration in 2021 due to coronavirus restrictions in place. His ceremony was sparsely attended and included former presidents and first ladies. Attendees wore face masks and many failed to abide by social distancing guidelines, with several seen high-fiving and hugging. 

 

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The last inauguration ceremony to be moved indoors was President Ronald Reagan’s second inauguration in January 1985. Reagan took the oath of office at the White House the day before the ceremony, while public events the following day were held inside due to temperatures hitting 7 degrees with a windchill of -40. 

Fox News’ Chris Pandolfo, Peter Doocy, Chad Pergram and Aishah Hasnie contributed to this report.

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