Politics
Litman: Trump's election ended Jack Smith's tenure. But he still has one more important job to do
In George Orwell’s classic depiction of an authoritarian society, “Nineteen Eighty-four,” a key component of political control is the state’s erasure of history: “Every record has been destroyed or falsified, every book has been rewritten … every date has been altered. … After the thing is done, no evidence ever remains.”
That is the state of affairs Donald Trump would like to produce with respect to the federal cases against him, which special counsel Jack Smith has developed in painstaking detail over the last two years.
Given Trump’s impending return to the White House, Smith now has two months to wrap up his cases. The primary question left for him and the Justice Department’s leadership is whether to produce a report of the Jan. 6 and classified documents cases and, if so, what it should look like.
The special counsel regulations that govern Smith require him to provide a confidential report to Atty. Gen. Merrick Garland explaining his decisions for or against prosecution. Garland has already made it clear that if he gets a report from Smith, he will exercise his discretion to make it public.
Given what Smith and other prosecutors have described as the “unprecedented circumstances” of the defendant’s election, the regulatory prescription is an imperfect fit. Smith obviously decided to bring charges against Trump in both cases and likely prepared a prosecution memo at the time explaining his thinking to Garland and others. But political events force him to close up shop in the midst of those prosecutions.
So what considerations should guide his and the department’s thinking about the preparation and content of a report?
First and foremost, the public interest dictates that we have the fullest possible historical account of what happened, which is a recognized justification for special counsel reports. Special counsel Robert S. Mueller III, for instance, declined to charge then-President Trump but provided a detailed and damning account of his findings that ultimately became public.
Smith has developed extensive evidence of truly grievous crimes, the worst ever allegedly committed by a president. The core of the Jan. 6 case is a breathtaking effort to exhort supporters to commit an insurrection and prevent the peaceful transfer of power, the sine qua non of a democracy. And the classified documents case presents probably the gravest violation of national security by a president, augmented by an extended and brazen campaign of obstruction of justice to impede the return of government property that Trump had no right to possess.
In my mind, the need for a detailed report on the latter is greater. The House Jan. 6 committee developed a detailed public record of the plot that culminated in the insurrection. Moreover, the Justice Department’s filings in the Jan. 6 case, especially its lengthy brief explaining the evidence it intended to present and why it was not foreclosed by the Supreme Court immunity decision, also left the public with a detailed account of Trump’s conduct.
No such public account exists in the documents case. That’s because U.S. District Judge Aileen Cannon has made a series of dubious rulings that have disrupted the department’s presentation. One of them, dismissing the case on the fringe theory that Smith was not properly appointed as special counsel, is pending before the U.S. 11th Circuit Court of Appeals.
The holes in the historical account are significant. What was Trump’s purported justification for spiriting the documents away to his Florida estate, Mar-a-Lago? How did he store them? Could they have been seen by foreign adversaries? Did he in fact show them to anyone, as the evidence that has become public suggests? And how did he and his co-defendants, Mar-a-Lago staff members Carlos De Oliveira and Walt Nauta, conspire to resist the government’s lawful demands to return the documents?
Trump and his circle are already adopting the stance that the election provided a decisive mandate for nullifying the prosecutions. We can be certain that when he takes the reins of government, he will have no compunction about destroying every last shred of information about them. In the style of Orwell’s Big Brother, he will likely try to scrub the pages of history of his misdeeds.
That would be a travesty and a rank disservice to the American people and history.
Trump’s argument for popular nullification doesn’t hold water in the first place. Far short of securing some decisive mandate, Trump appears to have received less than 50% of the vote, edging out Vice President Kamala Harris by one of the smallest popular-vote margins in history. Moreover, there is scant evidence that his winning coalition was moved by objections to the cases against him.
Not that it would matter if they were. History is not a plebiscite in which 50% of the current population decides what’s true and important. An accurate historical account is an independent value of a free society. That’s especially true in cases of heated disagreement about what happened. From that vantage point, it would be in the interest even of Trump and his co-defendants to have a full public record available.
One strong case for the importance of an accurate historical record of contentious, searing events was offered by the 9/11 Commission. The report it produced, as the commission noted, was essential for historical understanding, preventing the spread of misinformation, reforming national security and readiness, and maintaining public confidence in government.
All of these goals should be articles of faith in a democratic society. But it seems increasingly clear that this is not the sort of society Trump intends to foster. If he gets his way, history’s record of his crimes will be replaced by blank pages.
Harry Litman is the host of the “Talking Feds” podcast and the “Talking San Diego” speaker series. @harrylitman
Politics
Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says
new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says
By Christina Kelso
March 4, 2026
Politics
US submarine sinks Iranian warship by torpedo in a first since World War II
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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.
Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.
“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”
Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”
WATCH HEGSETH’S ANNOUNCEMENT:
Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.
“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”
This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)
Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.
US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS
“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.
The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.
Thousands of travelers have been left stranded across the Middle East.
This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)
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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.
Fox News Digital’s Ashley Carnahan contributed to this report.
Politics
Sen. Padilla preps for Trump trying to seize control of elections via emergency order
Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.
In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.
“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.
Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.
“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.
The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.
The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.
If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.
Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.
Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.
Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.
Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.
Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.
In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.
Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”
Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.
Election experts said the Constitution is clear that states control and run elections, not with the executive branch.
Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.
In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.
McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.
Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.
“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”
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