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Opinion: Is this going to be the most performative presidential debate ever?

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Opinion: Is this going to be the most performative presidential debate ever?

The first debate between President Biden and former President Trump on Thursday night will be a real test of Americans’ sense of civic duty. I essentially get paid to watch; political journalism is my job. But given the sort of cringey schoolyard ruckus that Trump provoked between the two men in their initial encounter four years ago, it’s a fair question why anyone else would tune in.

Except out of dedication to good citizenship.

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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So here we go again, to paraphrase Ronald Reagan’s memorable riposte to then-President Jimmy Carter in their 1980 debate. Don’t expect edification, not when Trump is involved, but hope for some anyway.

About 73 million viewers tuned in for the Biden-Trump melee in September 2020 — not for the entire 90 minutes, I’m confident — and additional viewers livestreamed the spectacle. For perspective, that compares to about 160 million registered voters. The audience was smaller than anticipated, down from the record-high 84 million who watched Trump’s first face-off with Hillary Clinton in 2016, and down as well from the number who viewed the Carter-Reagan debate 40 years earlier.

Nonetheless, as my colleague Stephen Battaglio recently wrote, presidential debates are “one of the last mass audience experiences left in a highly fragmented TV landscape.” Six of 10 U.S. adults said they would watch all or most of Thursday’s showdown, and nearly a quarter said they would closely follow the news coverage about it, according to a PBS News/NPR/Marist poll this month. Good for them. In our polarized nation, a presidential debate is a rare communal experience, if far less enjoyable than a Super Bowl.

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Just as with the NFL championship, most viewers will head into the presidential debate cheering for one contender or the other, and nothing about the show in Atlanta — no lie or imbecility from Trump, no gaffe or stumble from Biden — will dissuade them from their man’s team. That makes the candidates’ target audience the few persuadable voters. The ones who actually will go to the trouble of watching the virtually unwatchable in the hope that it will help them make up their minds.

Just about everyone, however, will be united in their focus: How do both men look, sound and perform? Biden and Trump are the oldest people ever to serve as president, and each has been credibly criticized as too old to do it again.

As Republican pollster Whit Ayres put it to PBS News, “Can Joe Biden not look like a senile old man? Can Donald Trump not be an obnoxious jerk?”

The answer to the first question is yes, Biden can, as evidenced by his impressive performance recently at Normandy for the 80th anniversary of D-day, and months earlier in his feisty State of the Union address. He desperately needs to look and sound presidential again, for a much larger audience of voters who are, by definition, politically engaged. But he also needs that feistiness — not to give as good as he gets from Trump (who would want that?), but to sparingly and strategically counterpunch in ways that underscore Trump’s inanity. For example, Biden’s zinger in 2020: “Will you shut up, man?” He spoke for so many millions of us that night.

The answer to the second question is no, Trump can’t be anything but obnoxious. For his own electoral sake, however, he really must try. CNN’s debate rules lend him a hand: Given Trump’s penchant for the kind of nonstop interruptions and insults that all but wrecked the 2020 debate, CNN will cut off both candidates’ mics when it’s not their time to speak. And there will be no studio audience for the performative Trump to play to.

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Perhaps that’s why he’s started calling it a “Fake Debate.” The rest of us can hope it’s more like the real thing, with fewer theatrics, lies and butting-in — a matchup that a high school debate coach might recognize.

Except for this: The extent to which viewers’ emphasis will be on the two candidates’ style over substance will be all but unprecedented in the history of presidential debates — especially the 64 years that they’ve been televised. (Would-be spoiler Robert F. Kennedy Jr., fortunately, failed to make the cut for the CNN-sponsored debate; the conspiracist hasn’t yet qualified for enough states’ ballots.)

Emphasizing style over substance is perhaps inevitable, and even important, when such old men are seeking reelection as leaders of the free world. But it’s not a good thing at a time when so many issues troubling the nation demand substantive policy responses.

Take the existential threat of climate change. As Biden and Trump prep for debate, much of the nation is enduring deadly record-high heat, along with the wildfires and intense storms that have become commonplace on our warming globe. Biden is implementing the most ambitious clean-energy agenda ever, and Trump has sworn he’ll repeal it. That dichotomy deserves probing questions from the CNN moderators, and our attention to the answers.

And what about the continued threats to reproductive rights in the wake of the Dobbs decision that Trump’s justices on the Supreme Court made possible? The debate will come three days after that ruling’s second anniversary. Or the unsustainable growth of the national debt, to which both Biden and Trump contributed? Or the ongoing chaos in the nation’s immigration system, which was a big problem on Trump’s watch, too, despite his false revisionism about how well-controlled the southern border was then.

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The candidates are likely to respond with more heat than light, especially the policy-phobic Trump. Yet his advisors’ Project 2025 plan is chock full of radical, detailed policies for gutting the civil service, repealing environmental laws, enforcing mass deportations that would rock the economy and defunding or closing whole government departments, should he regain the office. Trump must be forced to answer for those dangerous ideas — by the moderators, Biden or both.

If everyone who says they’ll pay attention does so, Americans will have passed the civic duty test. We can hope the candidates will pass theirs, delivering more than gaffes and groans. Alas, there’s nothing in Trump’s sorry rhetorical record to suggest he will rise to the occasion. Yet that, too, would be informative. Stay tuned.

@jackiekcalmes

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Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

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Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests

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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.

The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.

The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.

The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.

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PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS

The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)

Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.

But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.

“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.

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Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.

The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.

Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)

Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.

The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.

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“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.

The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”

ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES

Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)

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Raoul and his staff are reviewing the DOJ’s complaint.

“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”

The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.

The Associated Press contributed to this report.

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.

Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.

The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.

In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.

The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”

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That phrase turned out to be crucial.

Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.

“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.

That standard will rarely be met, the court added.

“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.

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“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.

Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.

Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.

Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.

Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”

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California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.

“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”

The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.

But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.

Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”

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The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.

Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.

By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.

Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.

“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.

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Illinois state lawyers disputed the administration’s account.

“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.

The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”

But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”

Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.

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A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.

His brief prompted the court to ask both sides to explain their view of the disputed provision.

Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.

If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.

State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.

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Video: Trump Announces Construction of New Warships

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Video: Trump Announces Construction of New Warships

new video loaded: Trump Announces Construction of New Warships

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Trump Announces Construction of New Warships

President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.

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President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.

By Nailah Morgan

December 23, 2025

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