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Experts: The Walls Are Closing in Fast on Trump After Immunity Ruling

Things are not looking good for Donald Trump after a federal appeal court completely destroyed his presidential immunity arguments.

Donald Trump raises his hand up in a fist (presumably to the cameras) as he walks outside
CHARLY TRIBALLEAU/AFP/Getty Images

Donald Trump’s legal team has until Monday to appeal to the Supreme Court over his recent immunity ruling—but according to legal experts, there’s little that they, or any judge, or any court, can do to reverse course for the GOP front-runner.

On Tuesday, a federal appeals court unanimously voted against all three of Donald Trump’s presidential immunity arguments in his January 6 case, finally and formally dubbing the former president as simply “citizen Trump.”

Former federal prosecutor Andrew Weissman noted that’s all you need to know about the ruling.

Harvard Law School professor Laurence Tribe told CNN the ruling is “bulletproof,” and a case that will “be studied by law students for generations.”

George Conway, a conservative attorney and husband of former Trump adviser Kellyanne Conway, called the ruling “airtight.” In a piece for The Atlantic, Conway described how the court “patiently, painstakingly, and unsparingly” dismantled Trump’s legal arguments for immunity.

“How does the Supreme Court read this?” CNN’s Kaitlin Collins asked Conway on Tuesday.

“This opinion is so good, and so clear, so comprehensive, there’s nothing in it that could be possibly attacked. I don’t see how even the Supreme Court could write—I don’t see how any judge, any court, anywhere, including the Supreme Court, could write a better opinion that more accurately states what the law is and should be,” Conway responded.

“I don’t think it’s worth the court’s time to deal with it at this point. If Trump is convicted, which I think he will be, they can actually review this after his conviction,” he added.

The ruling was “masterful because it combined so many elements” like “constitutional text, judicial precedent, history, and just sheer logic and the party’s own concessions—Trump’s own concessions—just to make an absolutely cohesive whole opinion that just inexorably leads you to the conclusion that he is not immune,” Conway explained.

And Trump’s February 12 turnaround is so quick it “puts him in a box,” according to former U.S. Attorney Harry Litman.

“Given thoroughness and unanimity of opinion, we will have lost only about six weeks should the Supreme Court deny the stay application, which we should look to it to do by around February 19. If it takes the case, mandate doesn’t return to Chutkan until early July,” Litman posted on X, the platform formerly known as Twitter.

Some Backbone! GOP Congressman Torches Trump on Border

You don’t really have to trust Republican Representative Chip Roy, but at least on this one thing, he’s right.

Chip Roy looks off camera
Anna Moneymaker/Getty Images

A Republican lawmaker has gone off on Donald Trump for tanking the Senate bipartisan border deal while failing to actually address immigration issues himself.

After demanding more restrictive immigration policies for years, Republican lawmakers have acted fast to kill the bill revealed Sunday. Some Republicans think that any compromise with Democrats is an automatic nonstarter, but many others were working out of loyalty to Trump. They didn’t want to potentially hand Joe Biden a win on immigration.

Trump hailed the bill’s failure Tuesday night, writing on Truth Social that “ALL A PRESIDENT HAS TO DO IS SAY, ‘CLOSE THE BORDER,’ AND THE BORDER WILL BE CLOSED. A COSTLY NEW BILL IS NOT NECESSARY!”

It’s an argument Trump has repeatedly made, but in reality, the U.S. president cannot unilaterally seal off the border. If the position had that power, it’s likely Trump would have used it during his time in office.

Representative Chip Roy lashed out at Trump for making this claim. “No, we’re not going to just pass the buck and say that, ‘Oh, any president can walk in and secure the border.’ I saw former President Trump make that allegation earlier today on one of his social media posts,” he said Tuesday night on the House floor.

“Well, with all due respect, that didn’t happen in 2017, -18, -19, and -20. There were millions of people who came into the United States during those four years.”

Roy doesn’t support the bipartisan bill and instead would prefer more extreme measures. He expressed opposition to the deal on Monday, saying the package authors “don’t know what they’re talking about.”

He criticized the measure for allowing 5,000 average daily migrant encounters at the border before the border gets shut down. “If you set a standard of about 5,000, the cartels will go ah, I get it. 4,999? You got it,” Roy said, in a horrifically racist take.

But the Texas Republican is growing increasingly frustrated with his party’s inability to achieve any of its goals. Roy lost it on the House floor in November, criticizing Republicans for failing to follow through on a single campaign promise.

“One thing. I want my Republican colleagues to give me one thing. One. That I can go campaign on and say we did,” Roy said. “One!”

“Talked a big game about building a wall and having Mexico pay for it. Ain’t no wall, and Mexico didn’t pay for it, and we didn’t pass any border security.”

Here’s Mike Johnson’s Pathetic, Viral Reaction After Brutal Day of Losing

House Speaker Mike Johnson had a terrible, horrible, no good, very bad day.

Mike Johnson stares off in space, it looks like he was caught with nothing to say
Chip Somodevilla/Getty Images

After wasting weeks on the issue, the House Republican impeachment vote against Homeland Security Secretary Alejandro Mayorkas proved to be a dud—and one person was particularly unhappy about the result.

House Speaker Mike Johnson was visibly upset by Tuesday’s 216–214 vote against impeachment, contorting his face upon reading the result of the vote.

As Democrats in Congress cheered, Johnson slammed the gavel for the House to come to order.

Republicans had accused Mayorkas of “willful and systemic refusal to comply with the law” and “breach of public trust” with regard to his handling of the U.S.-Mexico border, threatening to symbolically oust the secretary as part of a border crusade in which the party does practically everything except negotiate a legitimate border package.

Over the last several months, Republicans have routinely conceded the actual job of governing to Donald Trump’s reelection wishes, making a crisis out of the border without actually working to solve it. On Monday, Johnson reiterated that the bipartisan Senate border package would be “dead on arrival” in the House. Meanwhile, Republican governors are going toe to toe with federal agents along the Rio Grande section of the southern border, backing Texas’s defiance of a Supreme Court order to remove haphazardly placed concertina wire that effectively prevents federal border agents from doing their jobs.

Four House Republicans joined Democrats in voting against Mayorkas’s impeachment. That included Utah Representative Blake Moore, who changed his vote at the last minute, ultimately siding with the liberal party to avoid a tie.

“House Republicans will be remembered by history for trampling on the Constitution for political gain, rather than working to solve the serious challenges at our border,” Department of Homeland Security spokeswoman Mia Ehrenberg said in a statement to The New York Times.

“This baseless impeachment should never have moved forward,” she continued. “If House Republicans are serious about border security, they should abandon these political games and instead support the bipartisan national security agreement in the Senate.”

It was a spectacular embarrassment for Johnson—who in December said that God had told him to lead the GOP, like Moses, through a “Red Sea moment”—revealing that the rookie speaker just might not have the gumption to maneuver his radically divided caucus.

House Republicans Suddenly Miss Kevin McCarthy After All That Losing

Some House Republicans have buyer’s remorse with Speaker Mike Johnson.

House Speaker Mike Johnson is surrounded by reporters holding phones in front of him to record what he says
Kevin Dietsch/Getty Images

After losing two major votes, House Republicans are suddenly starting to regret giving Kevin McCarthy the boot.

The House on Tuesday voted 250–180 against a $17.6 billion aid package for Israel, a measure brought by Speaker Mike Johnson in an effort to kill the bipartisan Senate border deal. The lower chamber also failed to pass articles of impeachment against Homeland Security Secretary Alejandro Mayorkas. Four Republicans joined all Democrats to oppose the move.

In the hours following, as Republicans lamented the brutal losses, some lawmakers began to wish they had kept McCarthy in charge.

Getting rid of Speaker McCarthy has officially turned into an unmitigated disaster,” Representative Thomas Massie, who had supported McCarthy, tweeted Wednesday morning.

“All work on separate spending bills has ceased. Spending reductions have been traded for spending increases. Warrantless spying has been temporarily extended. Our majority has shrunk.”

When someone commented that Republicans should have kept serial fabulist George Santos in Congress but were right to dump McCarthy, Massie replied, “Name one thing that’s improved under the new speaker.”

The night before, Representative Matt Gaetz, who introduced the motion to vacate McCarthy in the first place, also bitterly complained about McCarthy’s absence.

“Wouldn’t it have been nice to still have Kevin McCarthy in the House of Representatives?” Gaetz said on Newsmax. “He would have been a reliable vote for impeachment.”

Gaetz still managed to twist the knife, though, noting that after his ouster, McCarthy resigned from Congress at the end of 2023, leaving House Republicans with a precariously thin majority. “If he wasn’t speaker, he wasn’t willing to stick around,” Gaetz said.

I think that the errant expulsion of Santos and the abject selfishness of Kevin McCarthy contributed to this result as much as the three Republican members who voted ‘no.’

Even before Johnson took over from McCarthy in October, Republicans had proven themselves wholly unable to accomplish anything in Congress. Even some of the farthest-right members of the caucus have been forced to admit as much. Since Johnson took over, the GOP’s majority has shrunk significantly, leaving the party with even less wiggle room to get measures passed.

Meanwhile, McCarthy—who is probably currently dancing around his California home to “How You Like Me Now”—is plotting revenge against the Republicans who kicked him out of Congress. His allies are working to recruit primary challengers to those eight turncoats.

It Sure Looks Like Mitch McConnell Is About to Become the Next Kevin McCarthy

Senate Republicans are turning against Mitch McConnell after his failed border deal.

Anna Moneymaker/Getty Images

Senate Republicans are starting to turn on their leader Mitch McConnell over his support of the bipartisan border deal, a situation that echoes the October ouster of former House Speaker Kevin McCarthy.

McConnell has urged his fellow GOP senators in recent days to support the bipartisan measure, but he has been met with resistance. Some Republicans think that any deal brokered with Democrats is an automatic nonstarter, and some are following Donald Trump’s orders—but whatever the case, enough oppose the border bill that McConnell was forced to finally admit Tuesday that the measure has “no real chance” of passing.

Senator Ted Cruz pointed to McConnell’s stance on the bill Tuesday when he called for the minority leader to step down. When asked at a press conference whether it was time for McConnell “to go,” Cruz replied, “I think it is.”

I think a Republican leader should actually lead this conference and should advance the priorities of Republicans,” Cruz said.

While Cruz has long opposed McConnell’s power, even voting against him for Senate minority leader in 2022, he’s not alone this time. Shortly after the bill was unveiled on Sunday, Senator Mike Lee took to X (formerly Twitter) to blast the measure as “an unmitigated disaster.”

“I cannot understand how any Republican would think this was a good idea—or anything other than an unmitigated disaster,” Lee wrote. “WE NEED NEW LEADERSHIP—NOW.”

Many other Senate Republicans have been privately and publicly lambasting McConnell’s negotiation over the deal, even though it contains a lot of the border policies Republicans have been demanding for months.

The calls for McConnell to resign over his support for a bipartisan deal are reminiscent of the House ousting McCarthy after he helped broker a deal with Democrats on the debt ceiling. It’s unclear whether Republican senators are moving to oust McConnell from his leadership position, or if they would even succeed at doing so.

But McConnell’s power in Congress has slowly started to wane. Some Republicans started to grow frustrated with him at the end of 2022 over his support for continued U.S. aid to Ukraine (another element of the bipartisan bill). And last summer, he froze up during two different public appearances, prompting demands he resign due to flagging mental capabilities.

More on McConnell’s plight ahead: