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Trump says fate of TikTok should be in his hands when he returns to White House

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Trump says fate of TikTok should be in his hands when he returns to White House

President-elect Trump says he should be the one to make the decision on whether TikTok can continue operating in the United States due to the unique national security and First Amendment issues raised by this case, he said in an amicus brief Friday.

Trump’s argument comes in an amicus brief “supporting neither party,” filed Friday, weeks before the Supreme Court is expected to hear oral arguments on Jan. 10, 2025 on the law that requires a divestment of TikTok from foreign adversary control.

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TikTok is owned by ByteDance, a company based in Beijing and connected to the Chinese Communist Party. 

“Today, President Donald J. Trump has filed an amicus brief in the U.S. Supreme Court asking the Court to extend the deadline that would cause TikTok’s imminent shutdown, and allow President Trump the opportunity to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as President of the United States on January 20, 2025,” Trump spokesman and incoming White House Communications Director Steven Cheung told Fox News Digital.

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“President Donald J. Trump (“President Trump”) is the 45th and soon to be the 47th President of the United States of America,” the brief states. “On January 20, 2025, President Trump will assume responsibility for the United States’ national security, foreign policy, and other vital executive functions.”

President-elect Donald Trump speaks at AmericaFest, Sunday, Dec. 22, 2024, in Phoenix. (AP Photo/Rick Scuteri)

Trump argues that “this case presents an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national-security concerns on the other.” “As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means.

President Trump also has a unique interest in the First Amendment issues raised in this case,” the brief states. “Through his historic victory on November 5, 2024, President Trump received a powerful electoral mandate from American voters to protect the free-speech rights of all Americans—including the 170 million Americans who use TikTok.”

“President Trump is uniquely situated to vindicate these interests, because ‘the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation,’” the brief continues.

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WILL TRUMP WHITE HOUSE RESCUE TIKTOK FROM LOOMING BAN? PRESIDENT-ELECT HAS DONE A 180 ON THE APP

Trump argues that due to his “overarching responsibility for the United States’ national security and foreign policy— President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office.”

“On September 4, 2024, President Trump posted on Truth Social, ‘FOR ALL THOSE THAT WANT TO SAVE TIK TOK IN AMERICA, VOTE TRUMP!’” the brief states.

Trump argues that he “alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the Government—concerns which President Trump himself has acknowledged.”

“Indeed, President Trump’s first Term was highlighted by a series of policy triumphs achieved through historic deals, and he has a great prospect of success in this latest national security and foreign policy endeavor,” the brief states.

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Trump notes that the 270-day deadline imposed by the new TikTok law “expires on January 19, 2025—one day before President Trump will assume office as the 47th President of the United States.”

The TikTok Inc. building is seen in Culver City, Calif., on March 17, 2023.  (AP Photo/Damian Dovarganes, File)

That legislation, which was signed into law in the spring, requires a sale of TikTok from ByteDance by Jan. 19. If ByteDance does not divest by the deadline, Google and Apple are no longer able to feature TikTok in their app stores in the U.S.

“This unfortunate timing interferes with President Trump’s ability to manage the United States’ foreign policy and to pursue a resolution to both protect national security and save a social-media platform that provides a popular vehicle for 170 million Americans to exercise their core First Amendment rights,” the brief states. “The Act imposes the timing constraint, moreover, without specifying any compelling government interest in that particular deadline.”

Trump points to the law, which “contemplates a 90-day extension to the deadline under certain specified circumstances.”

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JOURNALISTS, COMMENTATORS RESPOND AS TRUMP JOINS TIKTOK, RAPIDLY GAINS 10X MORE FOLLOWERS THAN BIDEN

Supreme Court Justices said they will hold a special session on Jan. 10 to hear oral arguments in the case — an expedited timeline that will allow them to consider the case just nine days before the Jan. 19 ban is slated to take effect. The law allows the president to extend the deadline by up to 90 days if ByteDance is in the process of divesting.

“President Trump, therefore, has a compelling interest as the incoming embodiment of the Executive Branch in seeing the statutory deadline stayed to allow his incoming Administration the opportunity to seek a negotiated resolution of these questions,” the brief states. “If successful, such a resolution would obviate the need for this Court to decide the historically challenging First Amendment question presented here on the current, highly expedited basis.”

TikTok and ByteDance filed an emergency application to the high court earlier this month asking justices to temporarily block the law from being enforced while it appealed a decision from the U.S. Court of Appeals for the District of Columbia Circuit.

A view of the U.S. Supreme Court Building.  (Anna Moneymaker/Getty Images)

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Lawyers for TikTok have argued that the law passed earlier this year is a First Amendment violation, noting in their Supreme Court request that “Congress’s unprecedented attempt to single out applicants and bar them from operating one of the most significant speech platforms in this nation” and “presents grave constitutional problems that this court likely will not allow to stand.”

TikTok, last year, created its “Project Texas” initiative, which is dedicated to addressing concerns about U.S. national security.

TikTok CEO Shou Zi Chew says “Project Texas” creates a stand-alone version of the TikTok platform for the U.S. isolated on servers in Oracle’s U.S. cloud environment. It was developed by CFIUS and cost the company approximately $1.5 billion to implement.

Chew has argued that TikTok is not beholden to any one country, though executives in the past have admitted that Chinese officials had access to Americans’ data even when U.S.-based TikTok officials did not. TikTok claims that the new initiative keeps U.S. user data safe, and told Fox News Digital that data is managed “by Americans, in America.”

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Trump has signaled support for TikTok. Earlier this month, he met with Chew at Mar-a-Lago, telling reporters during a press conference ahead of the meeting that his incoming administration will “take a look at TikTok” and the looming U.S. ban.

“I have a warm spot in my heart for TikTok,” Trump told reporters.

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Dr Oz helps older woman who collapsed during Trump’s speech at Kentucky event

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Dr Oz helps older woman who collapsed during Trump’s speech at Kentucky event

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Dr. Mehmet Oz rushed to help after a woman collapsed during President Donald Trump’s speech in Kentucky on Wednesday.

About halfway through Trump’s remarks at Verst Logistics in Hebron, Kentucky, an older woman behind the president’s riser appeared to need medical attention, prompting Trump to ask the crowd, “Do we have a doctor in the house? Take your time, please.”

A medical team quickly reached her, including Centers for Medicare and Medicaid Services Administrator Dr. Oz.

“First responders are incredible,” Trump said as he turned and watched emergency medical personnel take care of the woman.

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DR. OZ REVEALS HOW HE IS BRINGING CHANGE TO DC AND HELPING THE MOST VULNERABLE AMERICANS

Dr. Mehmet Oz, Centers for Medicare and Medicaid Services administrator, gave a thumbs up after helping a woman who fainted while President Donald Trump spoke at Verst Logistics in Hebron, Kentucky, on March 11. (Jim WATSON / AFP via Getty Images)

The president paused his remarks and asked if a song could be played in the meantime.

“Do you think the people backstage are listening to me?” Trump said, adding that if they could hear him, he suggested playing “Ave Maria.”

The song did not play, and Trump continued to watch as the woman received treatment.

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DR. OZ WARNS WALZ TO ADDRESS ALLEGED SOMALI MEDICAID FRAUD OR LOSE FEDERAL FUNDING: ‘WE’LL STOP PAYING’

President Donald Trump reacts as Dr. Mehmet Oz joins first responders assisting a woman who collapsed during his speech. (Andrew Harnik/Getty Images)

“Take your time,” he said. “She looks great.”

As first responders began escorting the woman away, Trump noticed Oz was among those helping her.

“It’s Dr. Oz! Can you believe it? Dr. Oz!” Trump said. “He’s a good doctor. Thank you, Oz.”

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RFK JR: DR OZ SAYS TRUMP HAS ‘HIGHEST TESTOSTERONE LEVEL’ HE’S SEEN IN A MAN OLDER THAN 70

Dr. Mehmet Oz assisted a woman who collapsed during President Donald Trump’s speech in Hebron, Kentucky, on Wednesday. (Andrew Harnik/Getty Images)

Trump resumed his remarks about seven minutes later, returning to criticism of California Gov. Gavin Newsom.

“We were talking about Gavin New-scum,” Trump said with a laugh. “Doesn’t seem like a very good subject right now. It made that young lady not feel so good.”

Wednesday’s event was not the first time Oz, a former heart surgeon, assisted during a medical episode while serving in the Trump administration.

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In April, a young girl fainted near the Resolute Desk in the Oval Office while Trump was speaking during Oz’s swearing-in ceremony.

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Oz quickly rushed over to assist the child, who was later confirmed to be a member of his family.

In November, a man collapsed in the Oval Office as Trump was giving a press conference, prompting Oz to once again step in to help.

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‘Just sign it.’ Video appears to show $5-a-pop ballot petition fraud; state launches probe

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‘Just sign it.’ Video appears to show -a-pop ballot petition fraud; state launches probe

A video circulating online appears to show signature collectors paying people to sign initiative petitions under other people’s names, according to officials, and now the state has opened an investigation.

The video, filmed by self-described street videographer JJ Smith, shows a long queue leading to a table set up at 6th and Mission streets in San Francisco. A man in line says they are being offered $5 to sign petitions. At the table, where there are lists with the information of apparent registered voters, a woman confirms the payment and — using a highlighter — instructs a person on the name and address that she is supposed to use.

“I get $5 too?” the person filming asks.

“Yeah,” says the woman.

“And what is it?”

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“Just sign it,” she says.

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Petitions connected to at least three ballot campaigns — including the billionaire-backed effort to thwart California’s proposed billionaire tax — appear in the video.

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“I approached some people and asked them what they were there for,” Smith told The Times. “They told me they didn’t know what they were signing for, that they just wanted the $5.”

Smith, whose real name is Omar Ward, has been known for posting images on social of people suffering from addiction on San Francisco’s streets.

He said he watched the scene for hours and estimated that a few hundred people cycled through the line over roughly two hours.

Those running the table did not ask for anyone’s identification and gave no explanation of what was actually being signed, he said.

The video showed voter data from San Luis Obispo County that was both visible and, as details were spoken aloud, audible in the footage.

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The county acted immediately after becoming aware of the video and initiated an investigation through the fraud unit of the California secretary of state’s office, said Erin Clausen, public information officer for the San Luis Obispo county clerk’s office.

Clausen noted that, although voter registration data can be legally requested from county election offices, the data in this case may have been used inappropriately. The county is also planning on reaching out directly to voters who were specifically mentioned or identified in the video, according to Clausen.

“The activity shown in the video, if verified, would violate California election law,” County Clerk-Recorder Elaina Cano said in a formal statement released Wednesday morning.

The secretary of state’s office confirmed it had opened a formal investigation.

“Under California law, it is illegal to give money or other valuable consideration to another in exchange for their signature on an initiative petition,” a spokesperson said in a statement. “Those who abuse our system will be held accountable.”

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The office is working with local officials and encouraged anyone with information to file a complaint.

One political committee, Californians for a More Transparent and Effective Government, confirmed its petitions were among those whose signature gatherers were allegedly paying people to sign and moved quickly to distance itself from the activity.

“Under no circumstance do we tolerate this type of activity in the signature-gathering process,” said spokesperson Molly Weedn. “We’ve taken immediate action and have demanded that the signature gathering firm identify these circulators and reject their petitions.” Weedn said the collectors were subcontractors, not campaign employees, and that attorneys were contacting authorities.

That committee is funded by another group, Building a Better California, also seen in the video. The other was for a proposed initiative called the Retirement and Personal Savings Protection Act of 2026. Representatives for the latter two have not responded to requests for comment.

Smith said this was not the first time he had witnessed this type of activity in the area.

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“I saw something similar with ballots three days ago,” he said.

The investigation is ongoing. Anyone with information can submit a complaint to the Office of the California Secretary of State or contact their local county elections office.

Times staff writer Seema Mehta contributed to this report.

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Reporter’s Notebook: Trump’s SAVE Act ultimatum runs into Senate reality

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Reporter’s Notebook: Trump’s SAVE Act ultimatum runs into Senate reality

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Passage of the SAVE America Act is of paramount importance to President Donald Trump and many congressional Republicans.

In his State of the Union speech, the president implored lawmakers “to approve the SAVE America Act to stop illegal aliens and other unpermitted persons from voting in our sacred American elections.”

The House approved the plan to require proof of citizenship to vote last month, 218-213. There’s now a different version of the legislation that’s in play. And, as is often the case, the hurdle is the Senate. Specifically, the Senate filibuster.

Attendees listen as Rep. Chip Roy, R-Texas, speaks at an “Only Citizens Vote” bus tour rally advocating passage of the SAVE Act at Upper Senate Park outside the U.S. Capitol in Washington, D.C., on Sept. 10, 2025. (Kent Nishimura/Getty Images)

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So some Republicans are trying to save the SAVE America Act.

It’s important to note that Trump never called for the Senate to alter the filibuster in his State of the Union address. But in a post last week on Truth Social, Trump declared, “The Republicans MUST DO, with PASSION, and at the expense of everything else, THE SAVE AMERICA ACT.”

Again, the president didn’t wade into questions about overcoming a filibuster. But “MUST DO” and “at the expense of everything else” is a clear directive from the commander in chief.

That’s why there’s a big push by House Republicans and some GOP senators to alter the filibuster — or handle the Senate filibuster differently.

It’s rare for members of one body of Congress to tell the other how to execute their rules and procedures. But the strongest conservative advocates of the SAVE America Act are now condemning Senate Republicans if they don’t do something drastic to change the filibuster to pass the measure.

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Some Senate Republicans are pushing for changes, or at the very least, advocating that Senate Republicans insist that Democrats conduct what they refer to as a “talking filibuster” and not hold up the legislation from the sidelines. It takes 60 votes to terminate a filibuster. The Senate does that by “invoking cloture.” The Senate first used the cloture provision to halt a filibuster on March 8, 1917. Prior to that vote, the only method to end a filibuster was exhaustion — meaning that senators finally just run out of gas, quit debating and finally voted.

So let’s explore what a filibuster is and isn’t and dive into what Republicans are talking about when they’re talking about a talking filibuster.

The Senate’s leading feature is unlimited debate. But, ironically, the “debate” which holds up most bills is not debate. It’s simply a group of 60 lawmakers signaling offstage to their leaders that they’ll stymie things. No one has to go to the floor to do anything. Opponents of a bill will require the majority tee up a cloture vote — even if legislation has 60 yeas. Each cloture vote takes three to four days to process. So that inherently slows down the process — and is a de facto filibuster.

But what about talking filibusters? Yes, senators sometimes take the floor and talk for a really long time, hence, the “unlimited debate” provision in the Senate. Senators can generally speak as long as they want, unless there’s a time agreement green-lighted by all 100 members.

That’s why a “filibuster” is hard to define. You won’t find the word “filibuster” in the Senate’s rules. And since senators can just talk as long as they want, they might argue that suggesting they are “filibustering” is pejorative. They’re just exercising their Senate rights to speak on the floor.

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A true filibuster is a delay. For instance, the record-breaking 25-hour and 8-minute speech last year by Sen. Cory Booker, D-N.J., against the Trump administration was technically not a filibuster. Booker began his oratory on the evening of March 31, ending on the night of April 1. Once Booker concluded, the Senate voted to confirm Matt Whittaker as NATO ambassador. The Senate was supposed to vote on the Whitaker nomination on April 1 anyway. So all Booker’s speech did was delay that confirmation vote by a few hours. But not much.

In October 2013, Sen. Ted Cruz, R-Texas, held the floor for more than 21 hours. It was part of Cruz’s quest to defund Obamacare. But despite Cruz’s verbosity (and a recitation of Green Eggs and Ham by Dr. Suess), the Senate was already locked in to take a procedural vote around 1 p.m. the next day. Preparations for that vote automatically ended Cruz’s speech. Thus, it truly wasn’t a filibuster either.

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Sen. Ted Cruz, R-Texas, during an oversight hearing in Washington, D.C., on Dec. 17, 2025. (Kent Nishimura/Bloomberg via Getty Images)

So, this brings us to the talking filibuster which actually gums up the Senate gearboxes. A talking filibuster is what most Americans think of when they hear the term “filibuster.” That’s thanks to the iconic scenes with Jimmy Stewart in the Frank Capra classic, “Mr. Smith Goes to Washington.”

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Most senators filibuster by forcing the Senate to take two cloture votes — spread out over days — to handle even the simplest of matters. That elongates the process by close to a week. But if advocates of a given bill have the votes to break the filibuster via cloture, the gig is up.

However, what happens if a senator — or a group of senators delay things with long speeches? That can only last for so long. And it could potentially truncate the Senate’s need to take any cloture vote, needing 60 yeas.

Republicans who advocate passage of the SAVE America Act believe they can get around cloture — and thus the need for 60 votes — by making opponents of the legislation talk. And talk. And talk.

And once they’re done talking, the Senate can vote — up or down — on the SAVE Act. Passage requires a simple majority. The Senate never even needs to tangle with 60.

Senate Rule XIX (19) states that “no senator shall speak more than twice upon any one question in debate on the same legislative day.”

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Easy enough, right? Two speeches per day. You speak twice on Monday, then you have to wait until Tuesday? Democrats would eventually run out of juice after all 47 senators who caucus with Democrats have their say — twice.

But it’s not that simple. Note the part about two speeches per “question.”

Well, here’s a question. What constitutes a “question” in Senate parlance? A “question” could be the bill itself. It could be an amendment. It could be a motion. And just for the record, the Senate usually cycles through a “first-degree” amendment and then a “second-degree” amendment — to say nothing of the bill itself. So, if you’re scoring at home, that could be six (!) speeches per senator, per day, on any given “question.”

Questions?

But wait. There’s more.

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Note that Rule XIX refers to a “legislative day.” A legislative day is not the same as a calendar day. One basic difference is if the Senate “adjourns” each night versus “recessing.” If the Senate “adjourns” its Monday session on calendar day Monday, then a new legislative day begins on Tuesday. However, the legislative day of “Monday” carries over to Tuesday if the Senate “recesses.”

It may be up to Senate Majority Leader John Thune, R-S.D., whether the Senate “adjourns” or “recesses.” The creation of a new legislative day inhibits the GOP talking filibuster effort.

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Senate Majority Leader John Thune, R-S.D., center, arrives for a news conference after a policy luncheon on Capitol Hill, Tuesday, Feb. 3, 2026, in Washington. (Mariam Zuhaib/AP Photo)

Democrats would obviously push for the Senate to adjourn each day. But watch to see if talking filibuster proponents object to Thune’s daily adjournment requests. If the Senate votes to stay in session, that forces the legislative day of Monday to bleed over to Tuesday.

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Pro tip: Keep an eye on the adjournment vs. recess scenario. If a talking filibuster supporter tries to prevent the Senate from adjourning, that may signal whether the GOP has a shot at eventually passing the SAVE Act. If that test vote fails and the Senate adjourns for the day, the SAVE Act is likely dead in the water.

We haven’t even talked about a custom practiced by most Senate majority leaders to lock down the contours of a bill when they file cloture to end debate.

It’s typical for the presiding officer to recognize the Senate majority leader first on the floor for debate. So Thune and his predecessors often “fill” what’s called the “amendment tree.” The amendment tree dictates how many amendments are in play at any one time. Think of the underlying bill as a “trunk.” A “branch” is for the first amendment. A “sprig” from that branch is the second amendment. Majority leaders often load up the amendment tree with “fillers” that don’t change the subject of the bill. He then files cloture to break the filibuster.

That tactic curbs the universe of amendments. It blocks the other side from engineering controversial amendments to alter the bill. But if Thune doesn’t file cloture to end debate, then the Senate must consider amendment after amendment, repeatedly filling the tree and voting on those amendments. This would unfold during a talking filibuster, not when Thune is controlling the process by filing cloture and “filling the tree.”

This is why Thune is skeptical of a talking filibuster to pass the SAVE Act.

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“This process is more complicated and risky than people are assuming at the moment,” said Thune.

In fact, the biggest “benefit” to filing cloture may not even be overcoming a filibuster, but blocking amendments via management of the tree. Republicans are bracing for amendments Democrats may offer.

“If you don’t think Democrats have a laundry list of amendments, talking about who won the 2020 election, talking about the Epstein files — if you don’t think they have a quiver full of these amendments that they’re ready to get Republican votes on the record, then I’ve got a bridge to sell you,” said George Washington University political science professor Casey Burgat.

Plus, forcing a talking filibuster for days precludes the Senate from passing a DHS funding bill. That’s to say nothing of confirming Sen. Markwayne Mullin, R-Okla., as Homeland Security secretary. His confirmation hearing likely comes next Wednesday, but a protracted Senate debate would block a confirmation vote from the floor.

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Sen. Markwayne Mullin, Republican from Oklahoma, addresses reporters at the U.S. Capitol after being tapped as President Donald Trump’s new nominee to lead DHS, March 5, 2026. (Anna Moneymaker/Getty Images)

Thune all but killed the talking filibuster maneuver on Tuesday — despite the president’s ultimatum.

“Do you run a risk of being on the wrong side of President Trump and your resistance to do this talking filibuster, tying the Senate in knots for weeks?” asked yours truly.

“We don’t have the votes either to proceed, get on a talking filibuster, nor to sustain one if we got on it,” replied Thune. “I understand the president’s got a passion to see this issue addressed.”

I followed up.

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“Does he understand that, though?”

“Well, we’ve conveyed that to him,” answered Thune. “It’s about the math. And, for better or worse, I’m the one who has to be a clear-eyed realist about what we can achieve here.”

And there just doesn’t appear to be any parliamentary way to get there with the talking filibuster.

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Like many things in Congress, it all boils down to one thing.

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As Thune said, “it’s about the math.”

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