Politics
Is it too late for DNC delegates to abandon Biden? A look at the Democrats' nomination process
President Biden faces a growing number of calls to step aside from the 2024 race for the White House, leading many Americans to question what the Democratic Party’s nomination process will look like if he stays in the race or ultimately allows for the selection of a new candidate.
Biden has stated several times since his damaging debate performance last month he will not drop out of the race. But matters would be less complicated for the Democratic Party if the president willfully chose to step aside before the Democratic National Convention in Chicago from August 19-22.
Democrats will officially choose their nominee at the convention, though they reportedly plan to nominate Biden and Vice President Kamala Harris ahead of the convention next month.
At the convention, a candidate must win support from the majority of the party’s nearly 4,000 delegates, the party officials who formally select the nominee. Delegates are distributed to candidates based on the results of primary elections in each state.
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For the Democratic Party, there are “pledged” and “unpledged” delegates. Pledged delegates have to vote for whichever candidate in their party wins the primary or caucus in their respective state, while unpledged delegates may choose to vote for any candidate. In the Democratic Party, unpledged delegates are known as “superdelegates,” current elected officials and party leaders who can support any candidate.
A total of 1,976 delegates are needed to clinch the Democratic nomination for president. Biden has won roughly 3,900 this year. Those delegates have “pledged” to support Biden’s candidacy, according to DNC rules.
Though Biden has not indicated he plans to withdraw from the race, if he were to do so, his delegates would no longer be pledged to him. His withdrawal would lead to an open convention, resulting in Democrats being able to make suggestions for potential nominees and cast votes until one candidate receives a majority of delegate votes.
“She’s a liability, but he would also, by getting rid of Kamala, insult and lose a valuable constituency. He’s not going to do that.”
“Biden has a hammerlock on those delegates and alternates. Only he can release them if he wants, and he’s not gonna release them,” Craig Shirley, a presidential historian and biographer of former President Reagan, told Fox News Digital.
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If Biden does not willingly drop out of the race, however, DNC regulations could seemingly make it possible for delegates to force Biden out of the race. Though it has not been tried in the modern political era, there is one rule that leaves open the possibility of giving delegates some leeway in who they support for the nomination.
Rule 13 (J) of the DNC’s Delegate Selection Rules states, “Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.”
To date, there is no definition or any prior history of what would constitute “in all good conscience.”
Shirley dismissed the rule, insisting the delegates will remain bound to Biden and that all of the “hype” and “hot air spewing forth” about what delegates will ultimately do is “all media (speculation) right now.”
“What is going to happen is this: Biden is going to be renominated with Kamala Harris. He can’t afford to get rid of Kamala Harris because he’s stuck with her. He doesn’t want her. She’s a liability, but he would also, by getting rid of Kamala, insult and lose a valuable constituency. He’s not going to do that,” Shirley said.
Though that rule is in place, the DNC could alter its own party rules at any point.
The rules have been changed in the past, for example, when President Lyndon B. Johnson decided not to seek re-election in 1968. At the time, the party shifted from an open convention process, where delegates could vote for whomever they wanted, to a bound process, where a delegate was attached to a candidate based on primary results.
The DNC is considering formally nominating Biden as early as mid-July, two Democratic sources confirmed to Fox News Digital this month.
A potential date for Biden’s nomination is July 21, the day the Democratic National Convention’s credentials committee meets virtually. Party officials have said the reason is that the convention falls after Ohio’s ballot deadline of Aug. 7.
Earlier this summer, Ohio Republican Gov. Mike DeWine signed legislation altering the state filing deadline to Aug. 31, ensuring the Democratic nominee could be placed on the state’s November ballot even without the early virtual roll call vote.
Word of the potential July 21 roll call was first reported by Bloomberg News.
Fox News Digital’s Paul Steinhauser contributed to this report.
Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.
Politics
Video: Democrats Question Hegseth About Misconduct Allegations
new video loaded: Democrats Question Hegseth About Misconduct Allegations
transcript
transcript
Democrats Question Hegseth About Misconduct Allegations
Democrats on the Senate Armed Services Committee called Pete Hegseth, President-elect Donald J. Trump’s pick for secretary of defense, unfit to serve. Meanwhile, Republicans praised Mr. Hegseth’s record and performance.
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“The totality of your own writings and alleged conduct would disqualify any service member from holding any leadership position in the military, much less being confirmed as the secretary of defense.” “Have you ever made unwanted requests for sexual favors or committed any verbal or physical harassment or assault of a sexual nature? The fact is that your own lawyer said that you entered into an N.D.A. and paid a person who accused you of raping her a sum of money to make sure that she did not file a complaint. I have read multiple reports of your regularly being drunk at work. Will you resign as secretary of defense if you drink on the job, which is a 24/7 position?” “I’ve made this commitment on behalf of —” “Will you resign as secretary of defense?” “I’ve made this commitment on behalf of the men and women I’m serving —” “I’m not hearing an answer to my question. So I’m going to move on.” “You claim that this was all anonymous. We have seen records with names attached to all of these, including the name of your own mother. So don’t make this into some anonymous press thing.” “I’m quoting you from the podcast. ‘Women shouldn’t be in combat at all.’ What I see is that there’s a 32-day period in which you suddenly have another description about your views of women in the military, and I just want to know what changed in the 32 days that the song you sang is not the song you come in here today to sing?” “Senator, the concerns I have and the concerns of many have had, especially in ground combat units, is that in pursuit of certain percentages or quotas, standards have been changed.” “Our adversaries watch closely during times of transition, and any sense that the Department of Defense that keeps us safe is being steered by someone who is wholly unprepared for the job, puts America at risk. And I am not willing to do that.” “I know what I don’t know. I know I’ve never run an organization of three million people with a budget of $850 billion.” “Why do you want to do this job? What’s your, what drives you?” “Because I love my country, Senator. And I’ve dedicated my life to the warfighters.” “He is a decorated post-9/11 combat veteran. He will inject a new warrior ethos into the Pentagon, a spirit that can cascade from the top down.”
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Politics
Biden says he's been carrying out ‘most aggressive climate agenda’ in history as he designates CA monuments
President Biden on Tuesday signed proclamations to establish the Chuckwalla National Monument and the Sáttítla Highlands National Monument, which will protect hundreds of thousands of acres of land in California, during his last week in office.
The event was delayed by a week due to the destructive wildfires raging in Southern California, and Biden revealed that he had wanted to do the ceremony in the state, but it had to be moved to the White House.
“We’ve been carrying out the most aggressive climate agenda ever in the history of the world,” the president said in the East Room of the White House, before discussing the national monuments. “Our natural wonders are the heart and soul of our nation.”
He said in his second week as president he signed an executive order “establishing the first ever conservation goal to protect 30% of all our lands and waters everywhere in America by 2030 … I call this national campaign America the Beautiful … And over the last four years, we’ve delivered … putting America on track to meet that bold goal, restoring it, creating new national monuments, conserving hundreds of millions of acres of land and waters all across America, from New England to Minnesota, Texas to Colorado, Arizona, Alaska.”
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He added, “Over the past four years, I’m proud to have kept my commitment to protect more land and water than any president in American history.”
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The Chuckwalla National Monument will protect more than 600,000 acres of public land in the California desert near Joshua Tree National Park and the Colorado River, according to the National Parks Conservation Association.
The Sáttítla Highlands National Monument will protect more than 224,000 acres of land in Northern California in the Modoc, Shasta-Trinity, and Klamath national forests and “provides protection to tribal ancestral homelands, historic and scientific treasures, rare flora and fauna, and the headwaters of vital sources of water,” according to the U.S. Forest Service.
Politics
Elon Musk sued by SEC over late 2022 disclosure of Twitter stake
The U.S. Securities and Exchange Commission sued Elon Musk on Tuesday, alleging failure to timely disclose that he bought more than 5% of Twitter’s stock in 2022 before he took over the social media company.
The lawsuit, filed in a federal court in Washington, accuses Musk — tapped by Trump to co-head a so-called “Department of Government Efficiency” — of violating federal securities law because of the late disclosure.
The litigation underscores the longstanding tension between Musk, who backed President-elect Donald Trump, and the U.S. government. The eccentric billionaire has clashed with the SEC before, including over what the agency described as false and misleading statements he had posted on Twitter about taking his other company, Tesla, private.
A federal jury in San Francisco in Feb. 2023 cleared Musk of claims by Tesla investors that he defrauded them.
Under federal law, Musk was required to disclose his stake in Twitter 10 days after he acquired more than 5% of Twitter’s stock in March 2022, according to the lawsuit.
Instead, Musk disclosed his stake in Twitter in April 2022, 11 days after the regulatory deadline. By then, the billionaire had bought more 9% of Twitter’s stock. Twitter’s stock jumped more than 27% over its previous day’s closing price after Musk made the disclosure.
“As a result, Musk was able to continue purchasing shares at artificially low prices, allowing him to underpay by at least $150 million for shares he purchased after his beneficial ownership report was due,” the lawsuit states.
The action also harmed investors who didn’t know about Musk’s stake and ended up selling their Twitter shares at low prices, the SEC alleges.
Alex Spiro, Musk’s lawyer, said in a statement that “Mr. Musk has done nothing wrong and everyone sees this sham for what it is.” He accused the SEC of engaging in a “multi-year campaign of harassment” against the billionaire that “culminated in the filing of a single-count ticky tak complaint” against him.
SEC Chair Gary Gensler is stepping down Jan. 20, the day of Trump’s inauguration. In December, Trump said he would nominate Paul Atkins, a cryptocurrency advocate, to lead the securities regulator.
Musk’s big stake in Twitter was an early sign in 2022 that he might buy the company, which was struggling to attract ad dollars and compete with larger social networks such as Facebook.
After trying to back out of buying the social media company for $44 billion, he completed his acquisition of Twitter in October 2022. Musk, who renamed Twitter to X and took the company private, said he bought the platform to promote free speech.
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