Politics
From Day 1, Trump Shows He’ll Test Limits of What He Can Get Away With
His vice president, JD Vance, said he “obviously” wouldn’t do it.
His nominee for attorney general, Pam Bondi, agreed there was no way: “The president does not like people that abuse police officers,” she told senators last week.
The Republican speaker of the House, Mike Johnson, gave similar assurances that President Trump would not pardon “violent criminals” — the kind who bashed police officers with pieces of broken furniture or stashed an arsenal of weapons in Virginia to be used if their breach of the Capitol failed on Jan. 6, 2021.
Even public opinion was against Mr. Trump. Just 34 percent of Americans thought he should pardon the Jan. 6 rioters, according to a Monmouth University poll in December.
But on Monday, the first day of the second Trump presidency, he tossed caution aside and did exactly what he wanted: He decreed that every rioter would get some sort of reprieve. It didn’t matter what crimes they committed; whether they were convicted of violent acts or even seditious conspiracy, they will all eventually be cleared. Hundreds of convicts got full pardons; 14 members of far-right groups accused of sedition had their sentences expunged; and all others with ongoing cases will eventually have their charges dismissed.
Mr. Trump’s decision to intervene in even the most violent cases sends an unmistakable message about his plans for power these next four years: He intends — even more so than in his first term — to test the outer limits of what he can get away with.
“These people have been destroyed,” Mr. Trump said of the Jan. 6 rioters, after issuing the pardons, sitting behind the Resolute Desk in the Oval Office for the first time as the 47th president. “What they’ve done to these people is outrageous.”
Mr. Trump’s advisers and lawyers had spent months debating how far he should go in granting clemency to people prosecuted in connection with the Capitol riot. The White House counsel, David Warrington, presented Mr. Trump with options, some more expansive than others, according to two people briefed on the situation who spoke on the condition of anonymity to describe sensitive internal discussions.
Mr. Trump and his advisers had said during the campaign that he would approach the pardons on a case-by-case basis. It was an unspoken recognition that there were dangerous criminals within the group, but the vague formulation was also Mr. Trump’s way of keeping his options open.
He was still making up his mind over the weekend and into Monday, according to advisers. But by Sunday afternoon, people close to him had the impression that he was likely to go for a sweeping form of clemency. To have done anything less would have been an admission that there was something wrong with what his supporters did on Jan. 6, or that cause of overturning the 2020 election was somehow unjustified, or that anyone defending Mr. Trump’s view of the world had erred.
President Biden’s pre-emptive pardons for people who had investigated Mr. Trump’s role in the lead-up to the Jan. 6 assault only added to his desire to take the broadest approach possible, according to the two people with knowledge of his decision-making.
Sitting in the Capitol Rotunda awaiting Mr. Trump’s swearing-in on Monday, one senior member of Mr. Trump’s team said to others, “We can do it all now,” referring to Mr. Biden’s pardons.
The way Mr. Trump sees it, he didn’t only defeat the Democrats in the 2024 campaign; he also vanquished the remnants of Republican opposition, the mainstream media and a justice system that he saw as a force weaponized against him. He has occasionally claimed that the only retribution he wants in office is “success” for the country; but it’s clear from what he has said and done in his first 24 hours on the job that he also wants payback.
The pardons were among several Day 1 actions — some public, some less so — that revealed his plans to get even.
Mr. Trump revoked the Secret Service protection for John R. Bolton, his former national security adviser who fell out with him. Agents had guarded Mr. Bolton since 2021, after U.S. authorities learned of an alleged Iranian plot to assassinate him; a person was criminally charged with targeting him in 2022.
Mr. Trump also revoked Mr. Bolton’s security clearance and that of 49 former intelligence officials who signed a letter before the 2020 election claiming that a laptop belonging to Mr. Biden’s son Hunter appeared to be part of a Russian disinformation operation.
Another of Mr. Trump’s executive orders, lost within the blur of activity on Inauguration Day, suggests an even broader scope for retribution.
The order, titled “Ending the Weaponization of the Federal Government,” has a preamble that asserts as fact that the Biden administration weaponized its prosecutorial powers in pursuing criminal investigations of Mr. Trump and his allies. The order instructs federal agencies, including the Justice Department and the intelligence community, to dig deep to demonstrate the alleged weaponization and then to send reports of the misconduct to the White House. The order sets up what will be, at a minimum, a name-and-shame exercise.
More likely, it will provide a road map for prosecutions.
The White House did not respond to an email seeking comment.
‘He earned power, and now he’s going to use it’
Mike Davis, a Republican lawyer and supporter of Mr. Trump who advocated pardons in connection with the Jan. 6 riot, said the president had learned a great deal about executive power over the past eight years. He said Mr. Trump will not be constrained by people who want to stymie him for what he sees as political reasons.
“This election was a referendum on Trump, on MAGA and on lawfare, and the American people rendered their verdict on Nov. 5,” Mr. Davis said. “He earned power, and now he’s going to use it, like Democrats.”
Mr. Davis was not worried about any backlash to the pardons. “He understands how to govern,” he said, adding that “he knows that public opinion can be changed.”
The Jan. 6 pardons culminated a four-year campaign to rewrite the history of the riot as a day in which Mr. Trump and his supporters were the righteous victims and those investigating their actions were the villains.
That wasn’t always Mr. Trump’s view — or at least not his publicly stated one. The day after the attack, he recorded a video in which he described the assault on the Capitol as “heinous,” adding, “to those who broke the law, you will pay.” This was the second video he released after the riot; his staff thought his first video was too sympathetic to the rioters and they persuaded him to tape another.
In the final days of his first term, Mr. Trump privately discussed the possibility of granting clemency to people involved in the riot. He dropped the idea, but within months of leaving office, Mr. Trump began reframing Jan. 6 as a patriotic day, “a day of love.”
He integrated the “J6 community” into his campaign as patriotic martyrs or, as he called them, “hostages.” Mr. Trump played at his rallies a version of “The Star-Spangled Banner” recorded by a choir of imprisoned Jan. 6 defendants. His nominee for F.B.I. director, Kash Patel, had the idea of turning it into a song, dubbed over with Mr. Trump reciting the Pledge of Allegiance. Mr. Trump still plays the recording on his patio at Mar-a-Lago, as guests stand and sing along, hands over hearts.
Daniel Hodges, one of the officers who was injured on Jan. 6 after being pinned in a doorway of the Capitol and crushed, said Mr. Trump’s whitewashing of Jan. 6 was necessary to preserve his supporters’ belief in their own goodness and patriotism.
“In a way he had to lean into it and say that these insurrectionists were patriots,” said Officer Hodges. If Mr. Trump didn’t elevate the rioters, “they would have to come to terms with the fact that they led an attack against the United States of America — and that’s very antithetical to their self-image.”
The speed with which the mammoth investigation of Jan. 6 collapsed astonished even those who had been mentally preparing for it. Within the space of an evening, not only were nearly 1,600 people granted clemency, but defendants were walking out of prison — among them Enrique Tarrio and Joseph Biggs, two leaders of the Proud Boys serving lengthy sentences for seditious conspiracy.
Ed Martin, Mr. Trump’s new interim U.S. attorney in Washington, was already moving to dismiss riot cases — including the trial of a former F.B.I. agent accused of confronting officers at the Capitol, calling them Nazis and encouraging a mob of Trump supporters to kill them. Mr. Martin sits on the board of the most prominent legal fund-raising group to help Jan. 6 defendants.
Mr. Trump has always favored a maximalist approach toward whatever he does, but he has sometimes stopped short when external constraints seem immovable. It’s unclear, now, how much is left in Washington to restrain him.
He has far more capacity to get what he wants than he did four years ago. He is more knowledgeable about the range of his presidential powers and is far more willing to test them in court. His order to terminate birthright citizenship was something he pushed his administration to do in his first term right up until his 2020 election, but his White House lawyers and his attorney general, William P. Barr, told him he did not have the authority to nullify a right guaranteed by the 14th Amendment.
He now has a more favorable judiciary, which he transformed in his first term, and he has a far more compliant Republican leadership in Congress. Few G.O.P. lawmakers have been willing to say anything critical about Mr. Trump’s pardons of the rioters.
Mr. Trump’s team is also far less of a restraint on his impulses. His second term West Wing contains none of the type of first term aides who tried to talk him out of his most extreme ideas. In their place is a team of loyalists who may occasionally disagree on policy, but are true believers in his instincts, especially after his remarkable comeback.
His team has weeded out anybody they view as disloyal to Mr. Trump. Even people with no known history of opposition to Mr. Trump have been blacklisted because of their associations with Republicans he now views as disloyal. That group includes Republicans he hired in his first term such as Nikki Haley and Mike Pompeo.
Many Trump aides have received subpoenas over the past four years, and some of his closest aides, including his aide Walt Nauta, have been indicted. These investigations further radicalized many of his advisers against what they pejoratively refer to as the “deep state.” Many of them are now joining him in his return to government for this second shot at power. They don’t plan to waste it.
Politics
Video: Democrats Press Noem on Harsh Immigration Tactics
new video loaded: Democrats Press Noem on Harsh Immigration Tactics
transcript
transcript
Democrats Press Noem on Harsh Immigration Tactics
Some Democratic lawmakers pressed Homeland Security Secretary Kristi Noem on the Trump administration’s aggressive immigration enforcement tactics during a hearing on Thursday.
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“Madam Secretary, your incompetence and your inability to truthfully carry out your duties of secretary of Homeland Security — if you’re not fired, will you resign?” “Sir, I will consider your asking me to resign as an endorsement of my work. Thank you very much.” “Secretary Noem, Trump administration — you’re going after the worst of the worst criminals, and we agree with you. The problem is, 70 percent of the people you’ve arrested have no criminal record. You’re going after noncriminal immigrants, U.S. citizens and permanent legal residents.” “Madam Secretary, you and the gentleman from N.C.T.C. referenced the unfortunate accident that occurred with National Guardsmen being killed.” “Do you think that was an unfortunate accident?” “I mean —” “It was a terrorist attack.” “Wait, wait. Look, I’ll get it straight. Then you can —” “He shot our National Guardsmen in the head.” “It was an unfortunate situation, but you blamed it solely on Joe Biden. Trump administration, D.H.S., your D.H.S. approved the asylum application.”
By Jorge Mitssunaga
December 11, 2025
Politics
The Speaker’s Lobby: What Congress’ December script means for healthcare next year
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This December on Capitol Hill appears to follow a familiar script.
There’s a deadline for Congress to act on (insert issue here). And if lawmakers don’t move by Jan. 1, then (insert consequence here). So, everyone on Capitol Hill clamors over pathways to finish (given issue). Lawmakers and staff are at the end of their wits. Everyone is worried about Congress successfully fixing the problem and getting everyone home for the holidays.
There’s always the concern that Congress will emerge as The Grinch, pilfering Whoville of Christmas toys.
But lawmakers often wind up toiling with the diligence and efficiency of Santa’s elves, plowing through late-night, overnight and weekend sessions, usually finishing (insert issue here) in the St. Nick of time.
THE HITCHHIKER’S GUIDE TO THURSDAY’S BIG SENATE VOTES ON HEALTHCARE
This pattern is always the same. With few variations.
This parliamentary dance of the sugar plum fairies frequently centers on deadlines for government funding, the debt ceiling and tax policy. Such was the case when the Senate passed the first version of Obamacare on Christmas Eve morning in 2009. Republicans skated on thin ice to finish their tax reform package in December 2017.
Lawmakers moved expeditiously to approve a defense policy bill in late 2020, then made sure they had just enough time on the calendar to override President Trump’s veto of the legislation before the very end of the 116th Congress in early January 2021.
The deadlines sometimes veer into the political. There was a crush to finish articles of impeachment on the House floor for both presidents Clinton and Trump in December 1998 and December 2019, respectively.
And, so, after everyone got this fall’s government shutdown worked out of their systems, lawmakers were far from prepared to address its root cause. Democrats refused to fund the government unless Congress addressed spiking healthcare premiums. Those premiums shoot up on Jan. 1. And no one has built enough consensus to pass a bill before the end of the year.
Yet.
This December is playing out like many others on Capitol Hill. (Celal Gunes/Anadolu via Getty Images)
But it’s only mid-December. And everyone knows that the congressional Christmas legislative spirit can be slow to take hold. Some of that holiday magic may have officially arrived Thursday afternoon after the Senate incinerated competing Republican and Democratic healthcare plans.
Senate Minority Leader Chuck Schumer, D-N.Y., pushed a three-year extension of the current Obamacare subsidies with no built-in reforms.
“This is going to require that Democrats come off a position they know is an untenable one and sit down in a serious way and work with Republicans,” Senate Majority Leader John Thune, R-S.D., said of the Democratic proposal.
Thune characterized the Democrats’ gambit as “a political messaging exercise.”
MODERATE REPUBLICANS STAGE OBAMACARE REBELLION AS HEALTH COST FRUSTRATIONS ERUPT IN HOUSE
Republicans even mulled not putting forth a healthcare plan at all. It was the group of Senate Democrats who ultimately helped break a filibuster to reopen the government last month that demanded a healthcare-related vote (not a fix, but a vote) in December. So, that’s all Thune would commit to.
“If Republicans just vote no on a Democrat proposal, we’ll let the premiums go up and Republicans don’t offer anything. What message is that going to send?” asked Sen. Josh Hawley, R-Mo. “I know what people in Missouri will think. They’ll look at that, and they’ll say, ‘Well, you guys don’t do anything. You’ve just let my premiums go up.’”
It may yet come to that.
Sen. Josh Hawley, R-Mo., questioned what message “no” votes by his party would send. (Valerie Plesch/Bloomberg via Getty Images)
So, there’s a holiday healthcare affordability crisis.
“People are looking now at exactly what’s ahead for them, and they’re very, very frightened,” said Sen. Ron Wyden, D-Ore., the top Democrat on the Senate Finance Committee.
But most Senate Republicans coalesced around a plan drafted by Senate Finance Committee Chairman Michael Crapo, R-Idaho, and Senate Health Committee Chairman Bill Cassidy, R-La. The bill would not renew Obamacare subsidies. Instead, it would allow people to deposit money into a healthcare savings account and shop around for coverage.
“Our plan will reduce premiums by 1% and save taxpayers money,” boasted Crapo. “In contrast, the Democrats’ temporary COVID bonuses do not lower costs or premiums at all.”
With skyrocketing prices, Republicans are desperate to do something, even if it’s a figgy pudding leaf, as they face competitive races next year.
COLLINS, MORENO UNVEIL OBAMACARE PLAN AS REPUBLICANS SEARCH FOR SOLUTION TO EXPIRING SUBSIDIES
“It has nothing to do with me. It has everything to do with people in Ohio and across America who need to be able to afford access to healthcare,” said Sen. Jon Husted, R-Ohio.
Gov. Mike DeWine, R-Ohio, appointed Husted to succeed Vice President Vance after he left the Senate. So, 2026 will be Husted’s first time on the ballot for the Senate.
There was some chatter that Republicans might allow for a limited extension of the Obamacare aid so long as Democrats agreed to abortion restrictions in exchange.
“Off the table. They know it damn well,” thundered Schumer.
Senate Minority Leader Chuck Schumer, D-N.Y., said abortion restrictions in exchange for a limited extension are “off the table.” (Tom Williams/CQ-Roll Call, Inc via Getty Images)
So, the competing plans needed 60 yeas to clear a procedural hurdle. But that also meant that both plans were destined to fail without solving the problem before the end of the year.
“We have to have something viable to vote on before we get out of here,” lamented Sen. Thom Tillis, R-N.C.
That’s why some Christmas congressional calendar magic often compels lawmakers to find a last-minute solution.
“Every legislator up here would like to be home for Christmas,” said Sen. Roger Marshall, R-Kan. “That pressure is what forces us to come together.”
CONGRESS FACES HOLIDAY CRUNCH AS HEALTH CARE FIX COLLIDES WITH SHRINKING CALENDAR
We’ll know soon if everyone buckles down to harness soaring premiums after days of political posturing.
“This should have been done in July or August. So, we are up against a deadline,” said Hawley.
And procrastination by lawmakers may yet do them in.
“Healthcare is unbelievably complicated,” said Rep. Dusty Johnson, R-S.D. “You’re not going to reform it and bring down costs overnight.”
House Speaker Mike Johnson, R-La., is promising a separate healthcare bill. (J. Scott Applewhite/AP Photo)
House Speaker Mike Johnson, R-La., is now promising a separate, still unwritten healthcare bill for the floor in the coming days.
“You’re going to see a package come together that will be on the floor next week that will actually reduce premiums for 100% of Americans,” said Johnson.
But it’s unclear if Congress can pass anything.
“I think there’s a fear of working with Democrats. There’s a fear (of) taking action without the blessing of the President,” said Rep. Susie Lee, D-Nev.
GOP WRESTLES WITH OBAMACARE FIX AS TRUMP LOOMS OVER SUBSIDY FIGHT
That’s why it’s possible Congress could skip town for the holidays without solving the problem.
“It will be used like a sledgehammer on us a year from now,” said Rep. Don Bacon, R-Neb.
Not a great message for Republicans — especially on affordability — before the midterms.
“If there’s no vote, that’ll run contrary to what the majority of the House wants and what the vast majority of the American people want,” said Rep. Kevin Kiley, R-Calif.
Rep. Kevin Kiley said a no vote runs contrary to the will of the American people. (Scott Strazzante/Pool/Getty Images)
That political concern may be just enough to force the sides to find some Christmas magic and address the issue before the holidays.
That’s one Yuletide script in Congress.
But there’s a script to not fixing things, too.
If Congress leaves town, every communications director on Capitol Hill will author a press release accusing the other side of channeling Ebenezer Scrooge, declaring “Bah humbug!” or dumping a lump of coal in the stockings of voters on Christmas.
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That’s the script.
And every year, it sleighs me.
Politics
Commentary: The U.S. Senate is a mess. He wants to fix it, from the inside
To say the U.S. Senate has grown dysfunctional is like suggesting water is wet or the nighttime sky is dark.
The institution that fancies itself “the world’s greatest deliberative body” is supposed to serve as a cooling saucer that tempers the more hotheaded House, applying weight and wisdom as it addresses the Great Issues of Our Time. Instead, it’s devolved into an unsightly mess of gridlock and partisan hackery.
Part of that is owing to the filibuster, one of the Senate’s most distinctive features, which over roughly the last decade has been abused and misused to a point it’s become, in the words of congressional scholar Norman J. Ornstein, a singular “weapon of mass obstruction.”
Democrat Jeff Merkley, the junior U.S. senator from Oregon, has spent years on a mostly one-man crusade aimed at reforming the filibuster and restoring a bit of sunlight and self-discipline to the chamber.
In 2022, Merkley and his allies came within two votes of modifying the filibuster for voting rights legislation. He continues scouring for support for a broader overhaul.
“This is essential for people to see what their representatives are debating and then have the opportunity to weigh in,” said Merkley, speaking from the Capitol after a vote on the Senate floor.
“Without the public being able to see the obstruction,” he said, “they [can’t] really respond to it.”
What follows is a discussion of congressional process, but before your eyes glaze over, you should understand that process is what determines the way many things are accomplished — or not — in Washington, D.C.
The filibuster, which has changed over time, involves how long senators are allowed to speak on the Senate floor. Unlike the House, which has rules limiting debate, the Senate has no restrictions, unless a vote is taken to specifically end discussion and bring a matter to resolution. More on that in a moment.
In the broadest sense, the filibuster is a way to protect the interests of a minority of senators, as well as their constituents, by allowing a small but determined number of lawmakers — or even a lone member — to prevent a vote by commanding the floor and talking nonstop.
Perhaps the most famous, and certainly the most romanticized, version of a filibuster took place in the film “Mr. Smith Goes to Washington.” The fictitious Sen. Jefferson Smith, played by James Stewart, talks to the point of exhausted collapse as a way of garnering national notice and exposing political corruption.
The filibustering James Stewart received an Oscar nomination for lead actor for his portrayal of Sen. Jefferson Smith in the 1939 classic “Mr. Smith Goes to Washington.”
(From the Academy of Motion Picture Arts and Sciences)
In the Frank Capra classic, the good guy wins. (It’s Hollywood, after all.) In real life, the filibuster has often been used for less noble purpose, most notably the decades-long thwarting of civil rights legislation.
A filibuster used to be a rare thing, its power holstered for all but the most important issues. But in recent years that’s changed, drastically. The filibuster — or, rather, the threat of a filibuster — has become almost routine.
In part, that’s because of how easy it’s become to gum up the Senate.
Members no longer need to hold the floor and talk nonstop, testing not just the power of their argument but their physical mettle and bladder control. These days it’s enough for a lawmaker to simply state their intention to filibuster. Typically, legislation is then laid aside as the Senate moves on to other business.
That pain-free approach has changed the very nature of the filibuster, Ornstein said, and transformed how the Senate operates, much to its detriment.
The burden is “supposed to be on the minority to really put itself … on the line to generate a larger debate” — a la the fictive Jefferson Smith — “and hope during the course of it that they can turn opinions around,” said Ornstein, an emeritus scholar at the American Enterprise Institute. “What’s happened is the burden has shifted to the majority [to break a filibuster], which is a bastardization of what the filibuster is supposed to be about.”
It takes 60 votes to end a filibuster, by invoking cloture, to use Senate terminology. That means the passage of legislation now effectively requires a supermajority of the 100-member Senate. (There are workarounds, which, for instance, allowed President Trump’s massive tax-and-spending bill to pass on a 51-50 vote, with Vice President JD Vance casting the tie-breaker.)
The filibuster gives outsized power to the minority.
To offer but two examples, there is strong public support for universal background checks for gun buyers and greater transparency in campaign finance. Both issues have majority backing in the Senate. No matter. Legislation to achieve each has repeatedly been filibustered to death.
That’s where Merkley would step in.
He would not eliminate the filibuster, a prerogative jealously guarded by members of both parties. (In a rare show of independence, Republican senators rejected President Trump’s call to scrap the filibuster to end the recent government shutdown.)
Rather, Merkley would eliminate what’s come to be called “the silent filibuster” and force lawmakers to actually take the floor and publicly press their case until they prevail, give up or physically give out. “My reform is based on the premise that the minority should have a voice,” he said, “but not a veto.”
Forcing senators to stand and deliver would make it more difficult to filibuster, ending its promiscuous overuse, Merkley suggested, and — ideally— engaging the public in a way privately messaging fellow senators — I dissent! — does not.
“Because it’s so visible publicly,” Merkley said, “the American citizens get to weigh in, and there’s consequences. They may frame you as a hero for your obstruction, or a bum, and that has a reflection in the next election.”
The power to repair itself rests entirely within the Senate, where lawmakers set their own rules and can change them as they see fit. (Nice work, if you can get it.)
The filibuster has been tweaked before. In 1917, senators adopted the rule allowing cloture if a two-thirds majority voted to end debate. In 1975, the Senate reduced that number to three-fifths of the Senate, or 60 members.
More recently, Democrats changed the rules to prevent filibustering most presidential nominations. Republicans extended that to include Supreme Court nominees.
Reforming the filibuster is hardly a cure-all. The Senate has debased itself by ceding much of its authority and becoming little more than an arm of the Trump White House. Fixing that requires more than a procedural revamp.
But forcing lawmakers to stand their ground, argue their case and seek to rally voters instead of lifting a pinkie and grinding the Senate to a halt? That’s something worth talking about.
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