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Report: Trump Legal Team Files To Dismiss Special Counsel’s Election Interference Case

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Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

Lawyers for former President Trump filed a motion on Thursday to dismiss charges related to the 2020 election brought against him by Special Counsel Jack Smith.

In their legal filing, the Trump team claims Smith was unlawfully appointed.

Fox News reports:

“President Donald J. Trump respectfully requests leave to file this proposed motion to dismiss the Superseding Indictment and for injunctive relief—which is timely and, alternatively, supported by good cause—based on violations of the Constitution’s Appointments and Appropriations Clauses,” the filing states. 

The Appointments Clause says, “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments.” Smith, however, was never confirmed by the Senate.

“The proposed motion establishes that this unjust case was dead on arrival— unconstitutional even before its inception,” the Trump filing states.

Trump lawyers argued that in November 2022, Attorney General Merick Garland “violated the Appointments Clause by naming private-citizen Smith to target President Trump, while President Trump was campaigning to take back the Oval Office from the Attorney General’s boss, without a statutory basis for doing so.” 

Trump attorneys argue that Smith “was not appointed ‘by Law,'” and argue that he “has operated with a blank check by relying on an inapplicable permanent indefinite appropriation that was enacted in connection with a reauthorization of the Independent Counsel Act in 1987.” 

“Smith was not appointed pursuant to that Act, which expired in 1999. The appropriation contemplates the possibility of appointment by some ‘other law,’ but no ‘other law’ authorized Smith’s appointment,” the attorneys continue. “The appropriation also requires that the prosecutor be “independent,” in the very particular, rigorous sense that attorneys appointed pursuant to the defunct Independent Counsel Act were meant to be independent.” 

They added: “That is not true of Smith’s appointment, either.” 

“For these reasons, Smith should have never been permitted to access these huge sums of money, and his use of this funding violated the Appropriations Clause,” the filing states. “Based on these violations of the Appointments and Appropriations Clauses, the Superseding Indictment should be dismissed with prejudice. In addition, an injunction against additional spending by Smith is necessary to prevent ongoing irreparable harm and to ensure complete relief for the Appropriations Clause violation.” 

Trump pleaded not guilty to all charges. 

Smith has until Halloween, Oct. 31, to file his response.

Pompeo Says Impending Trump Announcement Won’t Deter His Own 2024 Plans

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Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons

Hours before Donald Trump is expected to formally announce his 2024 presidential campaign Republicans are making it clear his announcement won’t deter their own political ambitions.

Former Secretary of State Mike Pompeo has been floated as an early contender to mount his own presidential bid, possibly teeing up a challenge against his old boss.

While some Republicans, like Nikki Haley, that have expressed interest in seeking the Republican nomination in 2024 have indicated their plans will ultimately rely on Trump’s decision Pompeo says that is not the case for himself.

“We’re trying to think our way though, figuring out what’s next for us,” Pompeo told conservative radio host Hugh Hewitt, adding, “But what happens today or tomorrow, what some other person decides won’t have any impact on that [decision].”

“We need more seriousness,” Pompeo said. “We need less noise. We need steady hands. We need leaders that are looking forward, not staring in the rearview mirror claiming victimhood.”

Trump is set to make a “special announcement” at Mar-a-Lago on Tuesday night.

The former president could be facing another challenge for the nomination from another administration official – former Vice President Mike Pence.

On Monday, when asked by ABC “World News Tonight” host David Muir about his 2024 plans Pence answered that he’s giving “prayerful consideration” to a 2024 presidential bid.

“We’re giving it consideration in our house. Prayerful consideration,” Pence said.

Asked whether former President Donald Trump should ever be president again, Pence said, “That’s up to the American people. But I think we’ll have better choices in the future.”

He added, “For me and my family, we’ll be reflecting about what our role is in that.”

Republicans Pour Cold Water on Trump Ahead of 2024 Announcement

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As buzz continues to build around Trump’s looming 2024 announcement some Republicans are already trying to burst his bubble.

Despite the obvious excitement surrounding Trump’s long-awaited presidential campaign announcement the Republican is already facing hurdles on the path to 2024.

Trump, who is already facing various legal challenges, will be effectively cut off from the Republican National Committee if he declares his candidacy committee chairwoman Ronna McDaniel told The Hill.

Last year, the RNC admitted it was paying for legal fees “that relate to politically motivated legal proceedings waged against President Trump” and in recent months the committee has funded Trump’s defense against probes launched by Manhattan District Attorney Cy Vance Jr. (D) and New York Attorney General Letitia James (D).

“We cannot pay legal bills for any candidate that’s announced. So these are bills that came from the Letitia James lawsuit that started while he was president,” McDaniel said. “It was voted on by our executive committee for our former president, that this was a politically motivated investigation and that’s what it’s been.”

“But we cannot do in kind contributions to any candidate right now. He’s the former president being attacked from every which way with lawsuits, and he’s certainly raised more under the RNC than we’ve spent on these bills,” she added.

Advisers in Trump’s inner circle have indicated the announcement could come as soon as November 14th but some conservatives say it shouldn’t come as any shock.

Former New Jersey Gov. Chris Christie (R) said on Sunday that Trump’s upcoming announcement doesn’t surprise him, according to The Hill.

“Like, why should anybody be surprised,” Christie said, adding, “When something happens that you anticipated happening, it doesn’t make any difference.”

“He’s going to run. Everyone always knew he was going to run. He can’t miss the attention any more than he does, and he’s going to run,” the former governor added. “Now we’ll see what happens.”

However, reports began to swirl on Monday that Trump couls make his annoucenment during tonight’s rally in Ohio. Axios reporter Jonathan Swan was the first to report that Trump could move up the announcement date.

“Based calls/texts all morning, Trump/Vance rally in Ohio will be v closely watched by Rs. Speculation has reached a point of absurdity at this point but many Rs of varying degrees of closeness to Trump are anticipating accelerated announcement based on his recent private comments,” Swan tweeted.

A source close to the matter told The Washington Examiner that ultimately the decsion is up to Trump and nobody knows exactly when he will share the news.

“There’s a lot of back-and-forth right now, no one really knows if it’s going to happen tonight or if it’s going to happen in a week or so. Trump himself is the one who wants to do it ASAP. No one knows right now whether it’s happening tonight or not,” the source explained.

Former Trump Appointee Says MAGA Movement Is ‘Dead’

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Donald Trump via Gage Skidmore Flickr

A former Trump administration official is lighting a match under the MAGA movement—and claiming it’s already burned out.

Carrie Prejean Boller, once appointed by Trump to the White House Religious Liberty Commission, declared Monday that “MAGA is dead,” accusing the president of abandoning his “America First” roots and aligning U.S. foreign policy with Israel in the escalating conflict with Iran.

Speaking on Piers Morgan Uncensored, Prejean Boller didn’t hold back.

“I think that a foreign country has occupied our government, and we are seeing now that this president of the United States of America is being influenced by a foreign government,” she said.

“And MAGA, let me tell you right now, MAGA is dead. It is deader than dead, and Americans are furious. We don’t recognize President Donald J. Trump anymore,” she added, calling Trump a “dear friend” she no longer recognizes.

Her comments come amid a growing fracture inside the Republican coalition following U.S.-Israel joint strikes on Iran on Feb. 28—an operation that has reignited debate over what “America First” actually means in practice.

Prejean Boller herself was recently ousted from the Religious Liberty Commission after being accused of attempting to “hijack” a hearing on antisemitism. Trump had appointed her to the role in May 2025.

But she’s far from alone in her criticism.

Former Rep. Marjorie Taylor Greene, once one of Trump’s fiercest allies, is also breaking ranks—calling the strikes a betrayal of campaign promises.

“The American people did not vote for this,” Greene told CNN. “I went to, I can’t even tell you, countless rallies all over the country for President Trump… and we said on every single rally stage, ‘No more foreign wars, no more regime change.’”

The internal rupture deepened further Tuesday when Joe Kent abruptly resigned as director of the National Counterterrorism Center—the first Trump official to step down in protest over the Iran conflict.

“I cannot in good conscience support the ongoing war in Iran,” Kent wrote on X. “Iran posed no imminent threat to our nation, and it is clear that we started this war due to pressure from Israel and its powerful American lobby.”

The White House swiftly dismissed that claim. Press secretary Karoline Leavitt called the suggestion that Trump was influenced by Israel “insulting and laughable.”

Despite the high-profile defections, early polling suggests the MAGA base hasn’t moved nearly as much as its loudest critics. An NBC News survey found just 5% of self-identified MAGA Republicans opposed the initial strikes.

Prejean Boller isn’t buying it.

“I talk to MAGA people all day long, every day, and the everyday, average American is absolutely against this war,” she said. “And they know that the only reason why we are even in Iran right now is because of Israel.”

RFK Jr. Switches Affiliation to Independent Party

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Photo via Gage Skidmore Flickr

On Monday, Robert F. Kennedy Jr. announced he is switching from Democrat to Independent in a desperate move to breathe new life into a dying campaign.

“I’m here to declare myself an independent candidate,” Kennedy told a crowd of supporters in Philadelphia.

“I must declare my own independence. Independence from the Democratic Party,” he said to loud cheers. “And from all other political parties.”

Kennedy has formally rivaled President Biden from within the party since the spring, but he has not made a dent against the White House incumbent. His switch theoretically puts him closer to voters who are unhappy with both political parties, hyper-partisan politics, and want an alternative to the expected Biden-Trump options next November. 

“People suspect that the divisions are deliberately orchestrated,” he said. “They’re fed up with being fooled and they’re ready to take back power.”

Kennedy has been a frequent critic of the Democratic National Committee and has regularly lamented its decision not to hold debates with Biden as the presumptive nominee, throwing around claims that the party is “rigging” things in the president’s favor. 

Republican National Committee (RNC) Chairwoman Ronna McDaniel slammed RFK Jr. over his switch.

“Make no mistake – a Democrat in Independent’s clothing is still a Democrat,” McDaniel said in a statement. 

“RFK Jr. cannot hide from his record of endorsing Hillary, supporting the Green New Deal, fighting against the Keystone Pipeline, and praising AOC’s tax hikes – he is your typical elitist liberal and voters won’t be fooled,” McDaniel said.

Cook Political Report Shifts Ratings In Trump’s Favor In 6 States

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Donald Trump via Gage Skidmore Flickr

The Cook Political Report, widely respected across the political spectrum for its precise election forecasts, recently adjusted its presidential race ratings in six key states, all favoring former President Donald Trump.

The shift comes amidst a backdrop of national and state polls indicating a modest yet consistent increase in support for Trump over President Joe Biden.

Key State Changes

The Cook Political Report has reclassified:

  • Arizona, Georgia and Nevada from “toss-up” to “lean Republican.”
  • Minnesota and New Hampshire from “likely Democrat” to “lean Democrat.”
  • Nebraska’s 2nd Congressional District from “likely Democrat” to “lean Democrat.”

Nebraska and Maine are the only states that allocate their electoral votes by congressional district, making the competitive Omaha-based 2nd District a target for both campaigns.

Electoral Vote Implications

The changes significantly impact the electoral map, with Trump now leading in states totaling 268 electoral votes, just two votes short of the required 270 for victory. In contrast, Biden leads in states accounting for 226 electoral votes.

Expert Analysis

In a social media post, Dave Wasserman, a senior editor at Cook Political Report, argued that it was overly optimistic to label the presidential race as a toss-up even before the debates.

“Today, Trump has a clear advantage over Biden and a much more plausible path to 270 Electoral votes,” Wasserman noted.

Additionally, during an appearance on CNN, Amy Walter, Cook Report’s publisher and editor-in-chief, elaborated on the political shifts underpinning these changes.

“What we’re seeing is the real erosion of support from Biden among voters of color,” Walter explained back in May. “This is the reason he [Biden] is doing worse in Arizona, Nevada and Georgia, where Hispanic and African Americans make up a significant share of the vote.” [emphasis added]

Polling Data

Supporting these insights, the latest RealClearPolitics national polling average shows Trump leading Biden by 3 percentage points. In crucial swing states, Trump’s lead is even more pronounced:

  • Arizona: +5.4 points
  • Georgia: +4 points
  • Michigan: +0.6 points
  • Nevada: +5.2 points
  • North Carolina: +5.8 points
  • Pennsylvania: +5.3 points
  • Wisconsin: +2.2 points

Conclusion

The latest adjustments by the Cook Political Report highlight a rapidly shifting landscape in the 2024 presidential race. With Trump’s increasing traction in key states and growing concerns about Biden’s ability to simply do the job, the GOP’s path to the presidency appears more wide open than ever.

READ NEXT: Trump Family Member Steps Forward As Long-Shot VP Candidate

Trump’s Attorney Confirms Trump Ballot Concerns

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Gage Skidmore from Surprise, AZ, United States of America,

Trump will never let them see him sweat…

Former President Trump’s attorney Alina Habba confirmed his concerns the Supreme Court will ultimately uphold Colorado and Maine’s decisions to boot Trump from the primary ballot.

Responding to New York Times reporter Maggie Haberman’s recent comments about Trump’s concerns, Habba during an interview on Fox News said, “That’s a concern he’s voiced to me, he’s voiced to everybody publicly, not privately. And I can tell you that his concern is a valid one.”

“You know, Republicans are conservative, they get nervous. They unfortunately … sometimes shy away from being pro-Trump because they feel that even if the law is on our side, they are swayed much like the Democratic side, right?” Habba told Fox News anchor Martha MacCallum. “So they’re trying so hard to look neutral that sometimes, they make the wrong call.”

Last month, Colorado and Maine sparked swift backlash after ruling Trump is ineligible to be on the primary ballot under the 14th Amendment.

Trump on Wednesday appealed Colorado’s ruling to the U.S. Supreme Court, one day after he appealed Maine’s decision.

Three of the justices on the U.S. Supreme Court were appointed by Trump, a point of concern Haberman addressed last week.

“They believe, generally speaking, he and his advisers, that they will have success at the Supreme Court, but he has also voiced some concern that a court that has — he appointed three of the justices at the Supreme Court and gave the conservatives a supermajority — he is concerned that they are going to look as if they’re trying not to rule in his favor and might rule against him,” Haberman said during a CNN appearance last week.

However, both Trump and his legal team have reportedly privately voiced concerns the justices may “shy away from being pro-Trump.”

Habba on Wednesday said she encourages the justices to “really look at the law in the Constitution.”

“It’s a very clean cut,” she said. “There’s no … politics that should be involved in this. It’s just simply American, and if the justices read the law, as I do, as most Americans and attorneys do, even [Alan Dershowitz] — who’s a known liberal — it’s just a simple decision, and it should have nothing to do with if you’re Republican or Democrat.”

Dershowitz last month called Colorado’s decision “an attempt to totally manipulate an amendment that was never designed to disqualify people in a future election,” Forbes reported.

Tim Walz Says He Was Selected As 2024 Running Mate ‘To Code Talk To White Guys’

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The truth comes out…

Former vice presidential nominee Gov. Tim Walz (D-Minn.) is pulling back the curtain on the reasoning behind Democrats’ disastrous 2024 election decision-making.

The unsuccessful vice presidential candidate who is currently on a self-described “listening tour” across the country at a Harvard Kennedy School forum on Monday night said Harris chose him to be her running mate, in part, because, “I could code talk to White guys watching football, fixing their truck” and “put them at ease.”

Office of Governor Tim Walz & Lt. Governor Peggy Flanagan, Public domain, via Wikimedia Commons

The Minnesota governor described himself as the “permission structure” for White men from rural America to vote for Democrats. 

“I think I’ll give you pretty good stuff, but I’ll also give you 10% problematic,” Walz added when pushed by moderator Brittany Shepherd, ABC News national political reporter, about why he didn’t take that message to cable news to reach a larger audience. Walz laughed off criticism over inconsistencies in his background on the 2024 campaign trail, describing himself as a “knucklehead.”

Despite the claim the Walz was chosen by the Harris campaign to relate to White men, he has been unable to escape the nickname “Tampon Tim,” coined by conservatives for his bill providing free menstrual products to “all menstruating students” in school restrooms grades 4 to 12, including the boys’ room. (RELATED: Watch: Veterans Heckle Tim Walz For Stolen Valor Claims, China Ties)

Regardless of the comment or legislation, conservatives find a way to criticize “Tampon Tim,” including when Walz claimed he could fight most Trump supporters earlier this year. (RELATED: Tim Walz Complains About Attacks On His Masculinity)

Earlier this month, Walz confirmed to CNN’s Jake Tapper that he was considering a third bid for Minnesota governor but was not mulling a run for president in 2028.

When asked what he would have done differently in 2024, Walz replied, “We would have won.” While acknowledging that Democrats lost in November, Walz said the party is “better off doing more” in “every forum,” following criticism that Democrats didn’t prioritize media appearances enough in 2024, whether long-form podcasts or traditional network news shows. 

Further reflecting on the Democrats’ 2024 losses, Walz said the party wins on the issues and “competency,” but “we lose the message, and we lose power.”

“Why have we lost the self-identity that the Democratic Party is for personal freedoms, middle-class folks, for labor folks. How did we lose it, where people didn’t self-identify with that? How did we get to a point where people didn’t feel like this was an important enough election to get out and vote?” Walz asked during his speech Monday. 

Does Walz stand any chance of rebuilding his political reputation? Tell us what you think in the comments below!

Tucker Carlson Claims Murdochs Asked Him To Run Against Trump

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Photo via Gage Skidmore Flickr

Conservative pundit Tucker Carlson says the Murdoch family empire, which owns Fox News along with The Wall Street Journal and a number of other international media properties, urged him to run for president against President Trump in the 2024 election.

“The Murdochs really hate Trump,” Carlson said during a recent episode of his online commentary and interview show. “I got fired in April of 2023. In May of 2023, they asked me to run for president against Trump and said they would back me.”

Carlson, as he has done before, seemingly scoffed at the idea of a run for president, saying, “I’d never get elected, plus I like Trump.”

The pundit, who has criticized Trump in recent days for his posture toward the Middle East, conceded he was “frustrated” with the president but still holds him in high regard.

Carlson claimed Lachlan Murdoch, the eldest son of media mogul Rupert Murdoch, urged the pundit to run against Trump weeks after the network ousted him, and suggested he offered support through Fox, the Journal and other major media properties owned and controlled by the family.

Last week in a newsletter, Carlson accused Trump of being “complicit” in Israel’s strikes against Iran that sparked the current days-long exchange between the two Middle Eastern powers. The newsletter arrived in the inboxes of Carlson’s readers under the headline: “This Could Be the Final Newsletter Before All-Out War.”

Trump responded to Carlson’s criticisms while attending the Group of Seven Summit in Canada.

“Somebody please explain to kooky Tucker Carlson that, ‘IRAN CAN NOT HAVE A NUCLEAR WEAPON!’” Trump posted on Truth Social

Carlson launched his own media company following his ouster from Fox News. Since its launch in 2023, Carlson has used his newsletter as a perch to interview and criticise top lawmakers and newsmakers, including the president.

Manhattan District Attorney Opposes Push To Dismiss Trump Conviction

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Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

Manhattan prosecutors on Tuesday said they will oppose President-elect Trump’s demand to dismiss his criminal hush money.

Manhattan District Attorney Alvin Bragg (D) in the new letter said he won’t resist adjourning Trump’s sentencing next week so the judge can receive further briefing on the issue. 

“No current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that is based on unofficial conduct for which the defendant is also not immune,” Bragg wrote.  

“Rather, existing law suggests that the Court must balance competing constitutional interests and proceed ‘in a manner that preserves both the independence of the Executive and the integrity of the criminal justice system,’” he said. 

Bragg signed the filing himself – a departure from the office’s typical practice. 

Trump’s team celebrated the development.

“This is a total and definitive victory for President Trump and the American People who elected him in a landslide. The Manhattan DA has conceded that this Witch Hunt cannot continue,” Steven Cheung, Trump’s campaign spokesperson and incoming White House communications director, said in a statement. 

Judge Juan Merchan, who oversees the case, must decide whether to push back the Nov. 26 sentencing, toss Trump’s conviction altogether or move forward despite his election victory.   

Trump was convicted on 34 counts of falsifying business records tied to a hush money payment made to adult film actress Stormy Daniels to conceal an alleged affair, which he denies, ahead of the 2016 presidential election. 

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