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The Dictatorship

Jeanine Pirro’s failure to indict Biden speaks to something bigger

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It’s been a rough start to the year for the U.S. attorney’s office in Washington. Jeanine Pirrothe Fox News host turned top federal prosecutor, has endured a string of embarrassing setbacks since January. According to the most recent reports, Pirro’s office shelved its effort to indict former President Joe Biden for his use of an autopen to sign executive actions while in office. Her office reportedly couldn’t assemble anything even resembling a criminal case.

The autopen inquiry, such as it was, was just the latest collapsed effort from Pirro to punish President Donald Trump’s enemies. Her failures are a sign that even as the Justice Department has fallen under the White House’s control, the law still doesn’t automatically bend to his will. And Trump’s vendettas remain stalled out. The limits to his power have become a little clearer.

Her failures are a sign that even as the Justice Department has fallen under the White House’s control, the law still doesn’t automatically bend to his will.

As if in the market for a new conspiracy, some Republicans have attempted to make hay out of Biden’s autopen usage. In short, Trump and others have claimed without evidence that Biden aides essentially forged the former president’s signature on executive orders toward the end of his term. House Oversight Committee Chair James Comer, R-Ky., went so far as to claim last year that “Biden Autopen Presidency will go down as one of the biggest political scandals in U.S. history.” The supposed scandal has even become something of a meme within the Trump White House, as showcased on the recently installed so-called Wall of Fame where Trump replaced Biden’s portrait with an autopen.

Trump was anything but subtle about his demands that Biden be investigated for, well, something autopen-related. In June, he issued a memo to Attorney General Pam Bondi demanding the Justice Department investigate whether the autopen was part of a grand plot to hide the former president’s alleged cognitive decline. (Biden has denied Trump’s claims, saying last year in a statement, “Let me be clear: I made the decisions during my presidency.”)

The U.S. attorney for the District of Columbia has jurisdiction over federal crimes committed within Washington, making it an obvious choice of venue for this fishing expedition. Pirro’s predecessor, acting U.S. attorney Ed Martinopened an investigation into Biden last spring, according to The New York Timesand it continued after Pirro was confirmed to her role in August. But the probe reportedly suffered, the Times reports, because:

Investigators were never quite clear what crime, if any, had been committed by the Biden administration’s use of the autopen.

It was also unclear whether investigators should focus their attention on the actions of Mr. Biden’s aides or on Mr. Biden himself, given that the United States Supreme Court, in a landmark ruling in 2024, granted broad immunity to presidents for most acts undertaken as part of their official duties.

In recent months, prosecutors determined that despite Mr. Trump’s desire to seek vengeance against Mr. Biden and his aides, there was no credible case to bring, the people said. The prosecutors never brought a potential indictment before a grand jury.

It’s hard to tell whether the autopen case never making it to a grand jury makes it more or less of an embarrassment than other recent fiascos. Last month, federal prosecutors from Pirro’s office failed to persuade a grand jury to indict six Democratic members of Congress on charges of seditious conspiracy. Their alleged crime: filming a video in which lawmakers reminded members of the military and intelligence community that they have an obligation not to follow illegal orders. Speaking of those lawmakers and their video, Trump said in an interview last year that “in the old days, if you said a thing like that, that was punishable by death.” The grand jury’s refusal to indict, though, is a good sign its members disagree.

Pirro has managed at times to be a bit too gung-ho about working toward Trump’s implied goals. In January, Federal Reserve Board Chair Jerome Powell revealed that the Justice Department had opened an investigation into him over renovations to the independent agency’s Washington headquarters. Pirro approved the inquiry last fall, according to the Timeswhich prompted the normally staid Powell to go public after receiving a subpoena from her office. Trump denied any knowledge of the investigation, distancing himself from what Pirro might have hoped would win her praise.

It is for the best that Pirro’s efforts have languished. It is good that the justice system continues to rely on facts and evidence. But her failure to deliver on carrying out Trump’s vindictive agenda can’t overshadow the fact that she felt the need to try at all — and will likely try again.

Hayes Brown is a writer and editor for MS NOW. He focuses on politics and policymaking at the federal level, including Congress and the White House.

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The Dictatorship

Federal court rules against new global tariffs Trump imposed

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Federal court rules against new global tariffs Trump imposed

WASHINGTON (AP) — A federal court ruled Thursday against the new global tariffs that President Donald Trump imposed after a stinging loss at the Supreme Court.

A split three-judge panel of the Court of International Trade in New York found the 10% global tariffs were illegal after small businesses sued.

The court ruled 2-1 that Trump overstepped the tariff power that Congress had allowed the president under the law. The tariffs are “invalid″ and “unauthorized by law,” the majority wrote.

The third judge on the panel found the law allows the president more leeway on tariffs.

If the administration appeals Thursday’s decision, as expected, it would first turn to the U.S. Court of Appeals for the Federal Circuit, based in Washington, and then, potentially, the Supreme Court.

At issue are temporary 10% worldwide tariffs the Trump administration imposed after the Supreme Court in February struck down even broader double-digit tariffs the president had imposed last year on almost every country on Earth. The new tariffs, invoked under Section 122 of the Trade Act of 1974, were set to expire July 24.

The court’s decision directly blocked the collection of tariffs from three plaintiffs — the state of Washington and two businesses, spice company Burlap & Barrel and toy company Basic Fun! “It’s not clear’’ whether other businesses would have to continue to pay the tariffs, said Jeffrey Schwab, director of litigation at the libertarian Liberty Justice Center, which represented the two companies.

“We fought back today and we won, and we’re extremely excited,” Jay Foreman, CEO of Basic Fun!, told reporters Thursday.

The ruling marked another legal setback for the Trump administration, which has attempted to shield the U.S. economy behind a wall of import taxes. Last year, Trump invoked the 1977 International Emergency Economic Powers Act (IEEPA) to declare the nation’s longstanding trade deficit a national emergency, justifying sweeping global tariffs.

The Supreme Court ruled Feb. 28 that IEEPA did not authorize the tariffs. The U.S. Constitution gives Congress the power to establish taxes, including tariffs, though lawmakers can delegate tariff power to the president.

Dave Townsend, a trade lawyer at Dorsey & Whitney, said the ruling will open the door for more companies to request that the tariffs be thrown out and that any payments they’ve made be refunded.

“Other importers likely will now ask for a broader remedy that applies to more companies,” Townsend said, though he cautioned the case could also reach the Supreme Court.

Trump is already taking steps to replace the tariffs that were struck down by the Supreme Court in January. The administration is conducting two investigations that could end in more tariffs.

The Office of the U.S. Trade Representative is looking into whether 16 U.S. trading partners — including China, the European Union and Japan — are overproducing goods, driving down prices and putting U.S. manufacturers at a disadvantage. It is also investigating whether 60 economies — from Nigeria to Norway and accounting for 99% of U.S. imports — do enough to prohibit the trade in products created by forced labor.

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The Dictatorship

Trump says EU has until July 4 to approve trade deal

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Trump says EU has until July 4 to approve trade deal

WASHINGTON (AP) — President Donald Trump said in a Thursday social media post that goods from the European Union would face higher tariff rates if the 27-member bloc fails to approve last year’s trade framework by July 4.

The announcement appeared to be a deadline extension after the president said last Friday that EU autos would face a higher 25% tariff starting this week. Trump made the updated announcement after what he described as a “great call” with European Commission President Ursula von der Leyen.

Still, the U.S. president was displeased that the European Parliament had yet to finalize the trade arrangement reached last year, which was further complicated in February by the U.S. Supreme Court ruling that Trump lacked the legal authority to declare an economic emergency to impose the initial tariffs used to pressure the EU into talks.

“A promise was made that the EU would deliver their side of the Deal and, as per Agreement, cut their Tariffs to ZERO!” Trump posted. “I agreed to give her until our Country’s 250th Birthday or, unfortunately, their Tariffs would immediately jump to much higher levels.”

It was unclear from the post whether Trump was implying that the tariff rates would jump on all EU goods or the increase would only apply to autos.

His latest statement indicates he might be backing away from his earlier threat on EU autos by giving the European Parliament several more weeks to approve the agreement.

Under the original terms of the framework, the U.S. would charge a 15% tax on most goods imported from the EU.

But since the Supreme Court ruling, the administration has levied a 10% tariff while investigating trade imbalances and national security issues, aiming to put in new tariffs to make up for lost revenues.

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The Dictatorship

In the wake of the Virginia ruling, where does the national redistricting arms race stand?

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In the wake of the Virginia ruling, where does the national redistricting arms race stand?

In Virginia, a majority of the House of Delegates voted to approve a new congressional district map that was designed to help Democrats add as many as four seats in the U.S. House. A majority of the state Senate agreed, as did the commonwealth’s popularly elected governor. The issue then went to the people of Virginia, and a majority of voters backed the redistricting initiative, too.

A majority of the Virginia Supreme Court, however, rejected the plan anyway. MS NOW reported:

The Virginia Supreme Court on Friday struck down a voter-approved congressional redistricting plan, ruling that Democrats violated constitutional procedures when placing the referendum on the ballot for last month’s special election. […]

In its 4-3 decision, the court on Friday found that the process used to place the amendment on the ballot did not comply with Virginia’s constitutional rules governing how such proposals must be approved by the legislature before being presented to voters. As a result, the justices upheld a lower court ruling that blocks the amendment from being certified and implemented.

For Democratic efforts on the national level, the ruling is an unexpected gut punch, especially given the fact that after Virginia voters approved the overhauled map last month, it appeared that Democrats would be able to keep pace with the GOP as part of the broader redistricting fight.

What’s more, the state Supreme Court ruling comes on the heels of a similarly brutal blow after Republican-appointed U.S. Supreme Court justices gutted the Voting Rights Act, which opened the door even further to an intensified Republican effort to erase majority-Black congressional districts in the South.

Given all of this, it’s easy to imagine many Americans responding to the head-spinning developments with a simple question: “So where do things stand now?”

Before we dig in on that, it’s worth pausing to acknowledge the absurdity of the circumstances. For generations, states redrew congressional district lines after the decennial census. There were limited exceptions, but in nearly all of those instances, mid-decade redistricting only happened when courts told states that their maps were unlawful and needed to be redone.

The idea that politicians would simply choose to start redrawing maps, in the middle of a decade, in pursuit of partisan advantages, was practically unheard of.

Last year, however, Donald Trump, fearing the results of the 2026 midterm elections and the possible accountability that would result from Democratic victories, decided that the American model needed to be discarded. It was time, the president said, to pursue what one White House official described as a campaign of “maximum warfare” in which Republican officials in key states would embrace gerrymandering without regard for fairness, norms, traditions or propriety.

The goal was simple: Deliver Republican victories in congressional races long before Americans had a chance to cast their ballots.

The result was an arms race that’s still going on — and here’s where things stand.

A map of the United States highlighting states that have redrawn their congressional maps
As of May 8, 2026. *Virginia’s voter-approved congressional redistricting plan was struck down by the Virginia Supreme Court Ben King / MS NOW; Source: MaddowBlog election analysis

Texas: Republicans in the Lone Star State got the ball rolling last summer, acting at Trump’s behest and approving a map designed to give Republicans five additional U.S. House seats. It touched off the national arms race.

California: Responding to Texas, Democratic officials in the Golden State, as well as the state’s voters, approved a map of their own designed to give Democrats five additional U.S. House seats.

Missouri: In September, state Republicans approved a map designed to give the GOP one additional seat.

North Carolina: In October, state Republicans approved a map designed to give Republicans one additional seat.

Ohio: While the redistricting effort in the Buckeye State wasn’t as brazen as it was elsewhere, Ohio’s new map diluted two Democratic-held districts, creating GOP pickup opportunities.

Utah: A state court approved a new map that will likely give Democrats one additional seat.

Florida: Just this week, Republicans completed the process on a new map designed to give Republicans as many as four additional seats.

Tennessee: Also this week, Republicans approved a new map designed to give Republicans one additional seat, taking advantage of the U.S. Supreme Court’s ruling.

Louisiana: While the newly redrawn map in the Pelican State hasn’t been formally unveiled, it will reportedly add one additional Republican seat.

Alabama: Republicans are currently moving forward with plans for a map that would give Republicans two more seats.

It’s important to emphasize that some of these maps are currently facing legal challenges, while others are still taking shape. Most of these maps would take effect during this year’s election cycle, but there’s still some uncertainty surrounding the implementation date in some states.

Nevertheless, the Virginia map that enjoyed popular public support was prepared to help mitigate an unprecedented Republican abuse. The state Supreme Court in the commonwealth appears to have removed that option.

After Virginia voters had their say, many GOP officials questioned whether the entire gerrymandering gambit had been a waste of time and effort. In the aftermath of two highly controversial court rulings, Republicans are suddenly feeling a lot better about the whole scheme.

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