CBS News
Incoming House majority squeezed by Trump’s planned appointments
Washington — Republicans have celebrated holding onto their narrow majority in the House, adding to their flip of the Senate and the White House for a trifecta in Washington next year. But President-elect Donald Trump’s selection of a number of House Republicans to fill top posts in his administration is pulling from an already shallow bench, temporarily whittling the GOP majority down further as Trump takes office in January.
Just one House race remains to be decided nearly four weeks after Election Day, with 99% of the vote counted in California’s 13th Congressional District, where Democrat Adam Gray is leading GOP Rep. John Duarte. Last week, victories in another California district, along with one in Iowa brought the balance of power in the chamber to 220-214.
Meanwhile, Trump has tapped a handful of House Republicans for top positions in his administration. In the week following the election, the president-elect made two selections from the House, with GOP conference chair Elise Stefanik of New York as ambassador to the U.N., and Rep. Mike Waltz of Florida as national security adviser.
House Speaker Mike Johnson, while outlining the GOP agenda following the picks last month, said the president-elect “fully understands and appreciates the math here,” noting that he didn’t expect the conference would lose any more members to Trump’s administration.
“Every single vote will count because if someone gets ill or has a car accident or a late flight on their plane then it affects the votes on the floor,” Johnson said.
Then came Trump’s pick of former Rep. Matt Gaetz for attorney general, setting up three vacancies early in the new Congress. Gaetz resigned his seat immediately, hours after Trump announced his intent to nominate him.
“I told President Trump, ‘enough already, you gotta give me some relief,'” Johnson said on Fox News after Trump selected Gaetz for the role. “I gotta maintain this majority.”
Andrew Harnik / Getty Images
Though Gaetz has since withdrawn from consideration for the post, facing intense scrutiny over a House Ethics Committee investigation into alleged sexual misconduct and illicit drug use, he’s said he does not intend to serve in the 119th Congress, giving Johnson another unwelcome vacancy.
Johnson expressed optimism at the time of Gaetz’ selection that with his immediate resignation from the chamber, his seat could be filled by the start of the new Congress, citing Florida state law’s process. But Gov. Ron DeSantis set the primary for Jan. 28, and the general election for April 1, which he said was the earliest date the special election could take place. Florida’s secretary of state said the election was being conducted “as quickly as statutorily possible.”
Waltz’ seat is also set for an April 1 general election in Florida. And the special election for Stefanik’s seat could take up to 90 days after she resigns. The dynamic could mean for months in the early days of the president-elect’s second term, Republicans could have a majority that is as low as one or two seats, meaning that if all House members are present, Johnson could need the support of every single Republican. If he has a three-seat majority, he could afford to lose one Republican on some votes.
The outcome may spell trouble for the GOP’s ability to act on the mandate that Republicans have claimed since Trump’s victory in the presidential election. (Although Trump defeated Vice President Kamala Harris in both the electoral and popular votes, he did not win a majority of American voters.) House Republican leadership has struggled in recent years to keep the conference united on key priorities, with a reliable group of detractors on its right flank. While the conservatives, many of whom are Trump loyalists, may be more inclined to stay in line under a Trump administration than during President Biden’s time in office, Johnson could face opposition from moderates in his party.
House Republicans like Reps. Don Bacon of Nebraska, David Valadao of California and Dan Newhouse of Washington have previously been critical of Trump and could break with the party on some issues, imperiling some early legislative action. Bacon refused to back the president-elect during the primary, while Valadao and Newhouse are the two remaining House Republicans who voted to impeach Trump in 2021. After the election, Rep. Mike Lawler of New York told USA Today that he would be willing to speak out against Trump amid GOP control of Washington to work in the best interest of his constituents.
“When I agree with the president, I’ll say it. If I disagree on something, I will say that, too,” Lawler said.
Still, the exceedingly narrow majority created by Trump’s appointments is expected to be short-lived, since all three seats are in safely Republican districts. Johnson expressed confidence that Republicans would be able to work with a smaller majority for as long is necessary, while pledging to “be very aggressive” and move forward with Trump’s agenda beginning on Day One.
President Biden on Sunday issued a sweeping pardon of his son Hunter, who was convicted earlier this year on federal gun and drug charges, and pleaded guilty to tax charges in California.
The presidential pardoning process is one that has long courted controversy, especially since many presidents issue pardons when they are leaving the White House.
One of the most famous —and controversial— pardons in history happened less than one month into President Gerald Ford’s term. On Sept. 8, 1974, Ford announced from the Oval Office that he would “grant a full, free and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed.” Ford’s own press secretary resigned over the pardon, and Ford’s approval rating dropped 20 points over the following days. His approval rating never recovered and he went on to lose the 1976 presidential election.
What is a presidential pardon?
Presidents are granted the authority to issue pardons under Article II, Section 2 of the Constitution. The Constitution’s framers were heavily influenced by the English legal tradition of pardon, which dates back to the 7th century, and Alexander Hamilton introduced the concept of the presidential pardon at the Constitutional Convention.
Article II, Section 2 of the Constitution declares: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”
There are four different types of clemency that fall under the president’s pardoning power: pardon, amnesty, commutation and reprieve. As outlined by the White House, a pardon releases a person from punishment and restores all civil liberties; amnesty is the same as the pardon but is extended to an entire class of individuals; commutation reduces the sentence imposed by a federal court, and a reprieve delays the imposition of a sentence or punishment.
Pardons, however, may not be issued in cases of impeachment or if it is an “offense against the United States,” such as treason.
The Office of the Pardon Attorney at the Department of Justice issues guidelines for the application of clemency, but presidents do not need to follow them.
To be pardoned, a person must have been convicted in a United States District Court, the Superior Court of the District of Columbia, or a military court-martial — so a president cannot issue a pardon for a state conviction.
What does a pardon mean for the pardoned person?
A pardon can help eliminate some of the consequences of conviction and restore a person’s civil rights.
According to the Justice Department, the offense is not removed from a person’s criminal record when they are pardoned but instead the conviction and the pardon both appear on the record. But the pardon can be helpful in obtaining licenses, bonding or employment.
Who has Biden pardoned while in office?
Hunter Biden is the 26th person Mr. Biden has pardoned so far. Most pardons relate to drug offenses, a practice started by former President Barack Obama. In September 2023, Mr. Biden granted clemency for three Iranians who were accused of moving $6 billion in a restricted Iranian account as part of a prisoner swap.
At this point in President-elect Donald Trump’s first term, he had pardoned 29 people.
Who did Trump pardon during his first term?
Trump issued a slew of pardons on Jan. 19, 2021, shortly before he left office. Trump pardoned 74 people and commuted the sentences of another 70.
Among those pardoned were Steve Bannon, GOP fundraiser Elliott Broidy, Albert J. Pirro and rapper Lil Wayne.
Prior to those pardons, Trump pardoned more than 30 people in December 2020, including his son-in-law Jared Kushner’s father, Charles Kushner, who had been convicted of witness tampering, tax evasion and illegal campaign contributions in 2005. Ahead of his second term, Trump has nominated Charles Kushner to be the ambassador to France.
Earlier in his term, Trump pardoned Maricopa County Sheriff Joe Arpaio, Dinesh D’Souza, his first national security adviser Michael Flynn, former George W. Bush aide I. Lewis “Scooter” Libby and Oregon ranchers Dwight L. Hammond and Steve D. Hammond.
In 2020, Trump issued a full pardon for Alice Marie Johnson, whose sentence he had commuted in 2018 after lobbying from Kim Kardashian. Johnson is a great-grandmother who had served 22 years in federal prison for what was a first-time criminal offense, which had come to Kardashian’s attention.
In total over four years in office, Trump issued 237 acts of clemency, including 143 pardons and 94 commutations. The only presidents since 1900 who issued fewer acts of clemency were George H.W. Bush and George W. Bush, according to the Pew Research Center.
Who did Obama pardon while in office?
Obama issued 212 pardons and 1,715 commutations while in office, including for 568 people who were serving life sentences. In 2014, Obama launched the Clemency Initiative, which allowed federal prisoners to apply for leniency, especially those serving for nonviolent drug offenses. In the Obama White House archives, his administration touts that those whose sentences were commuted were “incarcerated under outdated and unduly harsh sentencing laws.”
Although Obama encouraged prisoners to apply for leniency under the Clemency Initiative, a report by the Justice Department Inspector General in 2018 found that initiative was poorly planned and not implemented properly, while also suffering from poor communication and bureaucratic feuds.
“We found that the Department did not effectively plan, implement, or manage the Initiative at the outset,” Inspector General Michael Horowitz wrote in the report.
Which president has pardoned the most people in history?
President Franklin Delano Roosevelt, who served 13 years in office, issued the most pardons: 3,687.
Have past presidents pardoned family members?
Although Mr. Biden is the first president to pardon his son, he is not the first to pardon a family member. Former President Bill Clinton pardoned his brother Roger Clinton and Trump pardoned Charles Kushner, his son-in-law’s father.
Abraham Lincoln, meanwhile, pardoned his sister-in-law, Emilie Todd Helm, who was the widow of a Confederate general, under the Proclamation of Amnesty and Reconstruction.
Can a president issue a preemptive pardon?
Ford’s infamous pardon of Nixon was a preemptive pardon, since Nixon had not been charged with a crime. Former President Jimmy Carter also issued preemptive pardons for Vietnam draft evaders, as did Lincoln in the Proclamation of Amnesty and Reconstruction, which allowed for former Confederates to be pardoned if they took an oath to the U.S.
President George H.W. Bush also pardoned his secretary of defense, Caspar Weinberger, along with five others, for his alleged role in the Iran-Contra scandal after he was indicted but before his trial.
Mr. Biden’s pardon of Hunter covers any crimes Hunter Biden may have committed from Jan. 1, 2014, through Dec. 1, 2024, even if he has not yet been charged. Hunter Biden’s first plea agreement in Delaware fell apart because his lawyers sought full immunity from future prosecution.
Can another president undo a previous presidential pardon?
The pardon language in Article II of the Constitution does not include any language about revoking pardons, although only a few presidents have exercised that power.
On President Andrew Johnson’s last day in office, he issued several pardons — three of which President Ulysses S. Grant reversed on his first day by calling back the U.S. Marshal so they were never delivered. A fourth was allowed to stand since it had been delivered.
According to Washington Monthly, an 1868 textbook by Supreme Court Associate Justice Joseph Story on the Constitution says a presidential pardon can be revoked if the president was impeached. In recent history, both Clinton and Trump have been impeached — although their pardons did stand after their terms.
Former President George W. Bush, meanwhile, revoked one of his own pardons. In December 2008, shortly before leaving office, Bush pardoned 19 people, including Isaac Robert Toussie of Brooklyn, N.Y., who had been convicted of making false statements to the U.S. Department of Housing and Urban Development and of mail fraud.
One day later, Bush reversed the decision, with White House press secretary Dana Perino citing “information that has subsequently come to light,” including on the extent and nature of Toussie’s prior criminal offenses. She also said that neither the White House counsel’s office nor the president had been aware of a political contribution by Toussie’s father that “might create an appearance of impropriety.”
CBS News
Elon Musk request to reinstate his $56 billion Tesla pay package is again rejected by judge
Elon Musk’s efforts to get his massive $56 billion 2018 Tesla pay package reinstated was rejected by a Delaware judge on Monday.
The decision, issued by Delaware Chancery Court Judge Kathaleen St. J. McCormick, comes after a majority of Tesla shareholders in August reauthorized the compensation package during the electric vehicle maker’s annual meeting.
After it was initially approved in 2018, the pay package sparked a lawsuit from some Tesla shareholders who accused Musk and Tesla’s board of directors of breaching their duties and unjustly enriching the billionaire. A Delaware judge ruled that Musk and his company failed to prove that the huge payout was legally warranted, prompting Musk to take the issue back to his shareholders in August.
In her Dec. 2 decision, McCormick said that Musk had asked the court “to flip its decision and enter judgment in their favor.”
She added, “The motion to revise is denied.”
The stock options Tesla granted to Musk were initially worth $2.6 billion but had soared to $56 billion when McCormick blocked the package in January, according to Bloomberg News.
—This is a breaking story and will be updated.
Two flight attendants for Delta Air Lines were pulled from an international flight after failing a breathalyzer test in Amsterdam on Friday.
Randomly tested by Dutch authorities before a flight to New York’s JFK International Airport, a female flight attendant reportedly showed a blood alcohol level seven times over the legal limit for crew members and a male flight attendant failed by .02, an official familiar with the situation confirmed.
The female Delta employee was fined 1,900 euros, or about $2,000, and her male colleague was fined €275, or about $290. Another flight attendant from a different airline was also fined €1,800 (around $1,900) for being 6.5 times over the limit with the trio flagged during a three-hour period in which police screened 445 pilots and flight attendants at Schiphol Airport, according to Aviation A2Z.
A spokesperson for the Atlanta-based carrier told CBS News that the incident did not affect the flight.
“Delta’s alcohol policy is among the strictest in the industry and we have zero tolerance for violation. The employees were removed from their scheduled duties and the flight departed as scheduled,” the spokesperson said.
European aviation regulations restrict alcohol consumption for aircrew, and the Netherlands specifically bans pilots and crew members from drinking within 10 hours of a flight, Aviation A2Z reported. But the European Air Safety Agency warns that adhering to a “bottle to throttle” time rule does not guarantee compliance with legal blood alcohol concentration limits.
In the United States, the Federal Aviation Administration recommends 8 hours between drinking and flying, and that employees be removed from their duties if their blood alcohol concentration registers 0.02 or above on a required test.
What is a presidential pardon, and how have Biden, Trump and other leaders used the power?
Elon Musk request to reinstate his $56 billion Tesla pay package is again rejected by judge
Officials release ID of Green Line train passenger fatally shot in Twin Cities
What is a presidential pardon, and how have Biden, Trump and other leaders used the power?
Elon Musk request to reinstate his $56 billion Tesla pay package is again rejected by judge