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Opinion: Donald Trump and the mystery of the disappearing checks and balances

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Opinion: Donald Trump and the mystery of the disappearing checks and balances

If ever a U.S. president needed the checks and balances that the founders established, it’s law-breaking, oath-violating Donald Trump.

Yet those checks by Congress and the Supreme Court will hardly be a check at all once Trump is back in power. The former and future president has shaped each of those institutions in his image.

Opinion Columnist

Jackie Calmes

Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

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He’s already benefited. The Supreme Court, where Trump’s first-term appointees are half of its six-member far-right supermajority, ruled in July that presidents are virtually immune from criminal prosecution for official acts. The court’s dilatory deliberations and then its stunning decision had the effect of delaying past the 2024 election any federal trial for Trump’s alleged first-term crimes: plotting to overthrow Joe Biden’s election and then high-tailing it to Mar-a-Lago with government secrets.

Now that he’s headed back to the White House, those cases will be dropped. It remains to be seen whether Trump, as president, will exploit the license for wrongdoing that the court gave him. If past is prologue, the odds are good. Even better are the chances that the receptive court will rule in Trump’s favor when opponents’ challenges to his future presidential acts inevitably reach it.

But it’s Congress where Trump will have real pull — at least for the two years until the 2026 midterm elections.

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Just as at the start of his earlier term, both the Senate and House likely will be under Republicans’ control, if only narrowly, thanks to Trump’s coattails. (The House majority won’t be officially determined until perhaps later this week, but Republicans are favored.) Their tie to Trump is stronger than it was in 2017-18. Republicans then were deferential; come January, they’ll be obsequious. The founders will spin in their graves at the bowing and scraping we’re about to see from the supposedly independent Congress.

Republican Rep. Paul Ryan of Wisconsin, House speaker in 2017 and 2018, broke with Trump in 2016 over the “grab ’em by the pussy” tape, but became accommodating enough once Trump was president. But contrast Ryan’s ambivalence with the zealotry of current Speaker Mike Johnson of Louisiana, who’s sure to be chosen as the Republicans’ leader again when they meet this week. Dubbed MAGA Mike by approving right-wingers when he got the speakership last year, Johnson has since made repeated pilgrimages to Mar-a-Lago, campaigned with Trump and at every chance stood like a bespectacled bobblehead beside him.

As Punchbowl News reported: “Now Trump gets a congressional leader who will back his agenda — for better or worse.” Worse, I’ll wager.

In Ryan’s time, a novice President Trump didn’t have much of an agenda or even “concepts of a plan” beyond talk of building a wall, banning Muslims and repealing Obamacare; he didn’t fully realize any of those goals. Credit Ryan and other Republicans for the 2017 tax cuts law that’s counted as first-term Trump’s singular legislative achievement — if you can count a budget-busting giveaway to the richest Americans and corporations as an achievement.

Next year they’ll do it again. The House will extend the Trump tax cuts at a cost of about $1 trillion annually in debt, according to the nonpartisan Committee for a Responsible Federal Budget, and add to those breaks, including with the promises Trump made on the campaign trail: “Just plow it through,” as a Republican lobbyist said.

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But this time Trump has a sprawling agenda beyond tax cuts: Project 2025, compiled by scores of his most far-right first-term advisors with his public blessing, but so unpopular that he disavowed it during the campaign. No surprise: That disavowal was just one lie among many.

“Now that the election is over, I think we can finally say that, yeah, actually Project 2025 is the agenda. Lol,” conservative podcaster Matt Walsh cynically tweeted last week. To which Trump whisperer Steve Bannon, fresh out of prison for contempt of Congress, responded on his podcast: “Fabulous!”

Look for Trump to issue executive orders and seek legislation from Congress to do much that’s in Project 2025: Blow up the civil service and reestablish a 19th-century-style spoils system. Make the Justice Department his vengeful law firm. End the federal role in education and mount culture wars. Abandon clean energy efforts, though that Trump promise could run up against the reality that Biden’s historic climate investments have brought good jobs, mostly to Republican districts.) Support for Ukraine is all but doomed, just as Trump desires.

In the Senate, Mitch McConnell of Kentucky is stepping aside after a record run as party leader, leaving either Sen. John Thune of South Dakota or Sen. John Cornyn of Texas to become leader of the new majority. Each has had differences with Trump, but neither will likely defy him going forward, especially now that the Senate will include more Trump toadies.

Don’t look for much Senate resistance to Trump’s nominees for his Cabinet, other high posts and federal judgeships, as there was on occasion in his first term.

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With Republicans likely to have a slightly larger Senate majority than in 2017-18, relatively moderate Sens. Susan Collins of Maine and Lisa Murkowski of Alaska won’t be the decisive naysayers they sometimes were before. Apparently, even anti-vax conspiracist and brain-worm carrier Robert F. Kennedy Jr. isn’t off-limits as a Cabinet possibility: “I think the Senate is going to give great deference to a president that just won a stunning … landslide,” Florida’s Republican Sen. Marco Rubio said when asked about the likes of Kennedy getting a role in the administration.

Here’s a silver lining: Trump, a dictator wannabe with a pliant Congress, will all but certainly overreach. We know that much of his agenda is unpopular. But with Republicans controlling all the levers in Washington, they can nonetheless impose it — and own the result.

The reckoning will come in two years. Midterm elections for almost a century have nearly always gone against the party holding the presidency. May 2026 be no different.

@jackiekcalmes

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AOC accuses Vance of believing ‘American people should be assassinated in the street’

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AOC accuses Vance of believing ‘American people should be assassinated in the street’

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Democratic Rep. Alexandria Ocasio-Cortez is leveling a stunning accusation at Vice President JD Vance amid the national furor over this week’s fatal shooting in Minnesota involving an ICE agent.

“I understand that Vice President Vance believes that shooting a young mother of three in the face three times is an acceptable America that he wants to live in, and I do not,” the four-term federal lawmaker from New York and progressive champion argued as she answered questions on Friday on Capitol Hill from Fox News and other news organizations.

Ocasio-Cortez spoke in the wake of Wednesday’s shooting death of 37-year-old Renee Nicole Good after she confronted ICE agents from inside her car in Minneapolis.

RENEE NICOLE GOOD PART OF ‘ICE WATCH’ GROUP, DHS SOURCES SAY

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Members of law enforcement work the scene following a suspected shooting by an ICE agent during federal operations on January 7, 2026, in Minneapolis, Minnesota. (Stephen Maturen/Getty Images)

Video of the incident instantly went viral, and while Democrats have heavily criticized the shooting, the Trump administration is vocally defending the actions of the ICE agent.

HEAD HERE FOR LIVE FOX NEWS UPDATES ON THE ICE SHOOTING IN MINNESOTA

Vance, at a White House briefing on Thursday, charged that “this was an attack on federal law enforcement. This was an attack on law and order.”

“That woman was there to interfere with a legitimate law enforcement operation,” the vice president added. “The president stands with ICE, I stand with ICE, we stand with all of our law enforcement officers.”

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And Vance claimed Good was “brainwashed” and suggested she was connected to a “broader, left-wing network.”

Federal sources told Fox News on Friday that Good, who was a mother of three, worked as a Minneapolis-based immigration activist serving as a member of “ICE Watch.”

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Ocasio-Cortez, in responding to Vance’s comments, said, “That is a fundamental difference between Vice President Vance and I. I do not believe that the American people should be assassinated in the street.”

But a spokesperson for the vice president, responding to Ocasio-Cortez’s accusation, told Fox News Digital, “On National Law Enforcement Appreciation Day, AOC made it clear she thinks that radical leftists should be able to mow down ICE officials in broad daylight. She should be ashamed of herself. The Vice President stands with ICE and the brave men and women of law enforcement, and so do the American people.”

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Contributor: Don’t let the mobs rule

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Contributor: Don’t let the mobs rule

In Springfield, Ill., in 1838, a young Abraham Lincoln delivered a powerful speech decrying the “ravages of mob law” throughout the land. Lincoln warned, in eerily prescient fashion, that the spread of a then-ascendant “mobocratic spirit” threatened to sever the “attachment of the People” to their fellow countrymen and their nation. Lincoln’s opposition to anarchy of any kind was absolute and clarion: “There is no grievance that is a fit object of redress by mob law.”

Unfortunately, it seems that every few years, Americans must be reminded anew of Lincoln’s wisdom. This week’s lethal Immigration and Customs Enforcement standoff in the Twin Cities is but the latest instance of a years-long baleful trend.

On Wednesday, a 37-year-old stay-at-home mom, Renee Nicole Good, was fatally shot by an ICE agent in Minneapolis. Her ex-husband said she and her partner encountered ICE agents after dropping off Good’s 6-year-old at school. The federal government has called Good’s encounter “an act of domestic terrorism” and said the agent shot in self-defense.

Suffice it to say Minnesota’s Democratic establishment does not see it this way.

Minneapolis Mayor Jacob Frey responded to the deployment of 2,000 immigration agents in the area and the deadly encounter by telling ICE to “get the f— out” of Minnesota, while Gov. Tim Walz called the shooting “totally predictable” and “totally avoidable.” Frey, who was also mayor during the mayhem after George Floyd’s murder by city police in 2020, has lent succor to the anti-ICE provocateurs, seemingly encouraging them to make Good a Floyd-like martyr. As for Walz, he’s right that this tragedy was eminently “avoidable” — but not only for the reasons he thinks. If the Biden-Harris administration hadn’t allowed unvetted immigrants to remain in the country without legal status and if Walz’s administration hadn’t moved too slowly in its investigations of hundreds of Minnesotans — of mixed immigration status — defrauding taxpayers to the tune of billions of dollars, ICE never would have embarked on this particular operation.

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National Democrats took the rage even further. Following the fateful shooting, the Democratic Party’s official X feed promptly tweeted, without any morsel of nuance, that “ICE shot and killed a woman on camera.” This sort of irresponsible fear-mongering already may have prompted a crazed activist to shoot three detainees at an ICE facility in Dallas last September while targeting officers; similar dehumanizing rhetoric about the National Guard perhaps also played a role in November’s lethal shooting of a soldier in Washington, D.C.

Liberals and open-border activists play with fire when they so casually compare ICE, as Walz previously has, to a “modern-day Gestapo.” The fact is, ICE is not the Gestapo, Donald Trump is not Hitler, and Charlie Kirk was not a goose-stepping brownshirt. To pretend otherwise is to deprive words of meaning and to live in the theater of the absurd.

But as dangerous as this rhetoric is for officers and agents, it is the moral blackmail and “mobocratic spirit” of it all that is even more harmful to the rule of law.

The implicit threat of all “sanctuary” jurisdictions, whose resistance to aiding federal law enforcement smacks of John C. Calhoun-style antebellum “nullification,” is to tell the feds not to operate and enforce federal law in a certain area — or else. The result is crass lawlessness, Mafia-esque shakedown artistry and a fetid neo-confederate stench combined in one dystopian package.

The truth is that swaths of the activist left now engage in these sorts of threats as a matter of course. In 2020, the left’s months-long rioting following the death of Floyd led to upward of $2 billion in insurance claims. In 2021, they threatened the same rioting unless Derek Chauvin, the officer who infamously kneeled on Floyd’s neck, was found guilty of murder (which he was, twice). In 2022, following the unprecedented (and still unsolved) leak of the draft majority opinion in the Dobbs vs. Jackson Women’s Health Organization Supreme Court case, abortion-rights activists protested outside many of the right-leaning justices’ homes, perhaps hoping to induce them to change their minds and flip their votes. And now, ICE agents throughout the country face threats of violence — egged on by local Democratic leaders — simply for enforcing federal law.

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In “The Godfather,” Luca Brasi referred to this sort of thuggery as making someone an offer that he can’t refuse. We might also think of it as Lincoln’s dreaded “ravages of mob law.”

Regardless, a free republic cannot long endure like this. The rule of law cannot be held hostage to the histrionic temper tantrums of a radical ideological flank. The law must be enforced solemnly, without fear or favor. There can be no overarching blackmail lurking in the background — no Sword of Damocles hovering over the heads of a free people, ready to crash down on us all if a certain select few do not get their way.

The proper recourse for changing immigration law — or any federal law — is to lobby Congress to do so, or to make a case in federal court. The ginned-up martyrdom complex that leads some to take matters into their own hands is a recipe for personal and national ruination. There is nothing good down that road — only death, despair and mobocracy.

Josh Hammer’s latest book is “Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West.” This article was produced in collaboration with Creators Syndicate. X: @josh_hammer

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Ideas expressed in the piece

  • Democrats and activist left are perpetuating a dangerous “mobocratic spirit” similar to the mob law that Lincoln warned against in 1838, which threatens the rule of law and national unity[1]
  • The federal government’s characterization of the incident as self-defense by an ICE agent is appropriate, while local Democratic leaders are irresponsibly encouraging anti-ICE protesters to view Good as a martyr figure like George Floyd[1]
  • Dehumanizing rhetoric comparing ICE to the Gestapo is reckless fear-mongering that has inspired actual violence, including a shooting at an ICE facility in Dallas and the fatal shooting of a National Guard soldier[1]
  • The shooting was “avoidable” not because of ICE’s presence, but because the Biden-Harris administration allowed undocumented immigrants to remain in the country without legal status and state authorities moved too slowly investigating immigrant fraud[1]
  • Sanctuary jurisdictions that resist federal law enforcement represent neo-confederate “nullification” and constitute crass lawlessness and Mafia-style extortion, effectively telling federal agents they cannot enforce the law or face consequences[1]
  • The activist left employs threats of violence as systematic blackmail, evidenced by 2020 riots following Floyd’s death, threats surrounding the Chauvin trial, protests at justices’ homes during the abortion debate, and now threats against ICE agents[1]
  • Changing immigration policy must occur through Congress or federal courts, not through mob rule and “ginned-up martyrdom complexes” that lead to personal and national ruination[1]

Different views on the topic

  • Community members who knew Good rejected characterizations of her as a domestic terrorist, with her mother describing her as “one of the kindest people I’ve ever known,” “extremely compassionate,” and someone “who has taken care of people all her life”[1]
  • Vigil speakers and attendees portrayed Good as peacefully present to watch the situation and protect her neighbors, with an organizer stating “She was peaceful; she did the right thing” and “She died because she loved her neighbors”[1]
  • A speaker identified only as Noah explicitly rejected the federal government’s domestic terrorism characterization, saying Good was present “to watch the terrorists,” not participate in terrorism[1]
  • Neighbors described Good as a loving mother and warm family member who was an award-winning poet and positive community presence, suggesting her presence during the incident reflected civic concern rather than radicalism[1]
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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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Trump plans to meet with Venezuela opposition leader Maria Corina Machado next week

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President Donald Trump said on Thursday that he plans to meet with Venezuelan opposition leader Maria Corina Machado in Washington next week.

During an appearance on Fox News’ “Hannity,” Trump was asked if he intends to meet with Machado after the U.S. struck Venezuela and captured its president, Nicolás Maduro.

“Well, I understand she’s coming in next week sometime, and I look forward to saying hello to her,” Trump said.

Venezuelan opposition leader Maria Corina Machado waves a national flag during a protest called by the opposition on the eve of the presidential inauguration, in Caracas on January 9, 2025. (JUAN BARRETO/AFP via Getty Images)

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This will be Trump’s first meeting with Machado, who the U.S. president stated “doesn’t have the support within or the respect within the country” to lead.

According to reports, Trump’s refusal to support Machado was linked to her accepting the 2025 Nobel Peace Prize, which Trump believed he deserved.

But Trump later told NBC News that while he believed Machado should not have won the award, her acceptance of the prize had “nothing to do with my decision” about the prospect of her leading Venezuela.

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