By COLLEEN LONG, Associated Press

WASHINGTON (AP) — While Matt Gaetz has withdrawn from the nomination process for attorney general, President-elect Donald Trump has picked several other people for his Cabinet and key staff positions who have been accused of some form of sexual misconduct.

Trump himself has long been accused of abusing or mistreating women and once was caught bragging about grabbing women by the genitals. He was found liable by a New York City jury for sexual abuse and defamation and eventually ordered to pay the woman, E. Jean Carroll, $83 million in damages.

Taken together, there are a striking number of incidents in which potential high-ranking government officials in Trump’s second administration face allegations of sexual abuse. Trump and all of his picks for government have denied the claims against them, with some of the people accused arguing the cases are driven by politics.

Here’s a look at what’s known about the cases:

President-elect Donald Trump

Jurors in New York last year found Trump liable for sexually abusing Carroll, an advice columnist, in 1996.

The verdict was split: Jurors rejected Carroll’s claim that she was raped, finding Trump responsible for a lesser degree of sexual abuse. Jurors also found Trump liable for defaming Carroll over her allegations. Trump did not attend the civil trial and was absent when the verdict was read.

Carroll was one of more than a dozen women who have accused Trump of sexual assault or harassment. She went public in a 2019 memoir with her allegation that the Republican raped her in the dressing room of a posh Manhattan department store.

Trump denied it, saying he never encountered Carroll at the store and did not know her. He has called her a “nut job” who invented “a fraudulent and false story” to sell a memoir. He has similarly denied claims by other women.

Pete Hegseth, nominee for secretary of defense

A woman told police that she was sexually assaulted in 2017 by Hegseth after he took her phone, blocked the door to a California hotel room and refused to let her leave, according to a detailed investigative report made public this week.

Hegseth told police at the time that the encounter had been consensual and denied any wrongdoing, the report said.

News of the allegations surfaced last week when local officials released a brief statement confirming that a woman had accused Hegseth of sexual assault in October 2017 after he had spoken at a Republican women’s event in Monterey.

Hegseth’s lawyer, Timothy Parlatore, said in a statement that the police report confirms “what I have said all along that the incident was fully investigated and police found the allegations to be false, which is why no charges were filed.”

Parlatore said a payment was made to the woman as part of a confidential settlement a few years after the police investigation because Hegseth was concerned that she was prepared to file a lawsuit that he feared could have resulted in him being fired from Fox News, where he was a popular host. Parlatore would not reveal the amount of the payment.

Robert F. Kennedy Jr., nominee for secretary of health and human services

A woman who babysat for Kennedy and his second wife told Vanity Fair magazine that he groped her in the late 1990s, when she was 23. Kennedy did not deny the allegation, telling a podcast: “I had a very, very rambunctious youth.” He texted the woman an apology after the story was published.

According to an interview the woman gave this week with USA Today, she said she was babysitting for his children at Kennedy’s home in Mount Kisco, New York. She said that the assault happened soon after she began working there. During a kitchen table meeting with Kennedy and another person, she said she felt him rubbing her leg under the table.

She told the newspaper that another time, Kennedy, then 46, asked her to rub lotion on him when he was shirtless and she obliged because she wanted to get it over with. And he grabbed her in a kitchen pantry and groped her, blocking her exit. She stayed on the job for a few more months before leaving.

Linda McMahon, nominee for secretary of education

A lawsuit filed last month alleges that McMahon knowingly enabled sexual exploitation of children by a World Wrestling Entertainment employee as early as the 1980s. She denies the allegations.

The suit was filed in October in Maryland, where a recent law change eliminated the state’s statute of limitations for child sex abuse claims, opening the doors for victims to sue regardless of their age or how much time has passed.

The complaint alleges that Melvin Phillips, who died in 2012, would target young men from disadvantaged backgrounds and hire them as “ring boys” to help with the preparations for wrestling matches. Phillips would then assault them in his dressing room, hotels and even in the wrestlers’ locker room, according to the complaint, which was filed on behalf of five men.

The abuse detailed in the lawsuit occurred over several years during Phillips’ long tenure with the organization spanning from the 1970s to the early 1990s. Because of his death, Phillips is not among the named defendants.

Instead, the complaint targets WWE founders Linda McMahon and her husband Vince, who grew the organization into the powerhouse it is today. The couple was well aware of Phillips’ brazen misconduct but did little to stop him, according to the complaint.

“This civil lawsuit based upon thirty-plus year-old allegations is filled with scurrilous lies, exaggerations, and misrepresentations regarding Linda McMahon,” said Laura Brevetti, Linda McMahon’s lawyer, in a statement. “The matter at the time was investigated by company attorneys and the FBI, which found no grounds to continue the investigation. Ms. McMahon will vigorously defend against this baseless lawsuit and without doubt ultimately succeed.”

Brevetti confirmed Linda and Vince McMahon are separated.

Elon Musk, Trump’s choice to lead the new Department of Government Efficiency

Tesla and SpaceXCEO Elon Musk was accused of sexual misconduct by a flight attendant contracted by SpaceX who worked on his private jet in 2016. He denied the claim.

A 2022 report by Business Insider said SpaceX paid the woman $250,000 in severance in 2018 in exchange for her agreeing not to file a lawsuit over her claim.

The Business Insider report was based on an account by the flight attendant’s friend, who said the flight attendant told her about the incident shortly after it happened. The report also said the flight attendant was required to sign a non-disclosure agreement that prohibits her from discussing the payment or anything else about Musk and SpaceX.

SpaceX didn’t respond to emails seeking comment Friday.

Musk responded to the allegations on Twitter, which he was in the process of buying at the time they surfaced.

“And, for the record, those wild accusations are utterly untrue,” he wrote in response to one user who tweeted in support of him.

He replied to another: “In my 30 year career, including the entire MeToo era, there’s nothing to report, but, as soon as I say I intend to restore free speech to Twitter & vote Republican, suddenly there is …”

Matt Gaetz, who withdrew as Trump’s choice for attorney general

The former Florida congressman was embroiled in a sex trafficking investigation by the Justice Department he had been tapped to lead. He also was under scrutiny by the House Ethics Committee over allegations including sexual misconduct — until he resigned from Congress this week. He then withdrew his name for consideration.

Gaetz has vehemently denied any wrongdoing and said last year that the Justice Department’s investigation into sex trafficking allegations involving underage girls had ended with no federal charges against him.

Federal investigators scrutinized a trip that Gaetz took to the Bahamas with a group of women and a doctor who donated to his campaign, and whether the women were paid or received gifts to have sex with the men, according to people familiar with the matter who were not allowed to publicly discuss the investigation.

Two women House investigators that Gaetz paid them for sex and one of the women testified she saw him having sex with a 17-year-old, according to an attorney for the women.

The committee began its review of Gaetz in April 2021, deferred its work in response to a Justice Department request, and renewed its work shortly after Gaetz announced that the Justice Department had ended a sex trafficking investigation.

Associated Press writer Eric Tucker contributed to this report.

By ERIC TUCKER, Associated Press

WASHINGTON (AP) — Matt Gaetz withdrew Thursday as President-elect Donald Trump’s pick for attorney general following continued scrutiny over a federal sex trafficking investigation that cast doubt on the former congressman’s ability to be confirmed as the nation’s chief federal law enforcement officer.

The Florida Republican’s announcement came one day after meeting with senators in an effort to win their support for his confirmation to lead the Justice Department.

“While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition,” Gaetz said in a statement announcing his decision. “There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1.”

Gaetz’s withdrawal is a blow to Trump’s push to install steadfast loyalists in his incoming administration and the first sign that Trump could face resistance from members of his own party.

This is a developing story. Check back for updates.

By BRIAN SLODYSKO, JOSHUA GOODMAN and ALAN SUDERMAN

WASHINGTON (AP) — As incoming White House chief of staff, one of Susie Wiles ’ vexing challenges will be policing the buffet line of powerful interests who want something from Donald Trump.

It’s a world she knows well. During Trump’s first presidency, she lobbied for many of them.

Trump was first elected on a pledge to “drain the swamp” in Washington. But his transactional approach to the presidency instead ushered in a lobbying boom that showered allies, including Wiles, with lucrative contracts, empowered wealthy business associates and stymied his agenda after his administration was ensnared in a series of influence-peddling scandals.

Now, as Trump prepares to return to power, his victory is likely to embolden those who think they can get his ear, raising the prospect that his second administration could face many of the same perils as his first. That will test the ability of Wiles to manage a growing number of high-powered figures — including Trump’s children, his son-in-law Jared Kushner and billionaires like Elon Musk — who will not be dependent on her for access to him.

The appointment of a former lobbyist to such an important job “bodes very poorly for what we are about to see from the next Trump administration,” said Craig Holman, himself a registered lobbyist for the government watchdog group Public Citizen. “This time around, Trump didn’t even mention ‘draining the swamp.’ … He’s not even pretending.”

In a statement, Brian Hughes, a spokesman from the Trump transition effort, rejected any suggestion that Wiles’ past as a lobbyist would make her susceptible to pressure.

“Susie Wiles has an undeniable reputation of the highest integrity and steadfast commitment to service both inside and outside government,” Hughes said. “She will bring this same integrity and commitment as she serves President Trump in the White House, and that is exactly why she was selected.”

Wiles’ job won’t be easy

Wiles’ selection as chief of staff was Trump’s first announced hire after his win. Wiles co-led the former president’s campaign and was widely credited with having run an operation that was far more disciplined than his two previous efforts. Even so, she will have her work cut out for her. Though the job has traditionally entailed policing who has access to the president, Trump chafed at such efforts during his first presidency as he churned through four chiefs of staff.

During his recent victory speech, Trump called Wiles an “Ice Maiden” while praising her as a consummate behind-the-scenes player. She will be the first woman to hold the position.

What is also clear is that Wiles, 67, has successfully managed headstrong men across a lengthy career in politics, government and lobbying. The daughter of NFL player and sportscaster Pat Summerall, Wiles worked for U.S. Rep. Jack Kemp, a conservative icon, in the 1970s, followed by stints on Ronald Reagan’s campaign and as a scheduler in his White House.

She later headed to Florida, where she advised two Jacksonville mayors and is credited with helping businessman Rick Scott, now a U.S. senator, win the governor’s office. After briefly managing Utah Gov. Jon Huntsman’s 2012 presidential campaign, she oversaw Trump’s 2016 campaign in Florida, when his win in the state helped him clinch the White House.

Wiles represented a Venezuelan TV network

Wiles was a partner at Ballard Partners, a regional firm that lobbied for Trump’s companies in Florida. Shortly after Trump’s election, Ballard set up shop in Washington and quickly became a dominant player, pulling in more than $70 million in lobbying fees during Trump’s presidency, representing a who’s who of corporate America, lobbying disclosures show.

Many of Wiles’ clients were plain vanilla entities with obvious aims — General Motors, a trade group for children’s hospitals, homebuilders, and the City of Jacksonville.

One in particular stood out that speaks to the ways, subtle or otherwise, that foreign interests seek to influence U.S. policy. In 2017, Wiles registered as a lobbyist for Globovisión, a Venezuelan TV network owned by Raúl Gorrín, a businessman charged in Miami with money laundering.

Gorrín bought the broadcast company in 2013 and immediately softened its anti-government coverage. He hired Ballard to advise on “general government policies and regulations,” lobbying disclosures show. But rather than working with the agencies that oversee telecommunications, Ballard’s lobbying was trained on the White House, which would have little say in regulating a foreign broadcaster in the U.S. Globovisión paid Ballard $800,000 for a year of work.

Gorrín worked to help Venezuelan leaders

Brian Ballard, president of the firm, said that it’s clear to him that Gorrín’s aims weren’t limited to the media business. Gorrín, who owns several luxury properties in Miami, had long positioned himself as a bridge between Venezuela’s socialist government and U.S. officials.

By the time Wiles and a team of Ballard lobbyists represented Globovisión, Gorrín was leading a quiet charm offensive for Nicolás Maduro’s government that sought closer ties with Trump at a time when the country was facing food shortages, violent crime and hyperinflation. It started before Trump took office when Citgo, a subsidiary of Venezuela’s state-owned oil company, kicked in a $500,000 donation for Trump’s inauguration.

“He was a fraud and as soon as we learned he was a fraud, we fired him,” said Ballard. “He would ask us to set up a lot of things, in LA and D.C., and then nothing would happen. It was all a fantasy. He just wanted to use our firm.”

A few days after Ballard dropped Gorrín in 2018, federal prosecutors unsealed charges against the businessman for allegedly using the U.S. finance system to supply Venezuelan officials with private jets, a yacht and champion show-jumping horses as part of a fake loan scheme perpetrated by insiders to pilfer the state’s coffers. Last month, he was charged a second time, also out of Miami, in another scheme to siphon $1 billion from the state oil company, PDVSA.

Wiles is described as a ‘straight shooter’

Ballard said Wiles had almost no role in managing the relationship with Gorrín or several other clients for which she is listed as a lobbyist. But he praised her as someone who is a highly organized “straight shooter” and “tough as nails” despite her soft demeanor.

“She’s the type of person who you want in a foxhole,” he said. “She will serve the president well.”

During Trump’s first term, Maduro engaged in a peacemaking offensive that included attempts to hire at least two other lobbyists. It fizzled out, however. In 2019, the White House slapped crushing oil sanctions on the OPEC nation, closed the U.S. Embassy in Caracas and recognized the head of the opposition-controlled National Assembly as the country’s legitimate ruler. Maduro was then indicted in 2020 by the U.S. Justice Department on federal drug trafficking charges out of New York.

Gorrín has long denied any wrongdoing and remains a fugitive. In a brief interview with The Associated Press, he called Wiles a “lady” and said she always acted professionally and humanely.

Ballard called the firm’s work for Gorrín a “big mistake.” Going forward, Ballard expects access to the White House to be more tightly controlled just as his firm, after a steep learning curve during the first Trump administration, will do a better job vetting potential clients to make sure their interests align with the president’s agenda.

“We learned a lot,” he says, “and so did the president.”

Foreign clients

Globovisión wasn’t Wiles’ only client with foreign ties.

In early 2019, she registered with the Justice Department as a foreign agent working for one of Nigeria’s main political parties for two months. Another client was an auto dealership owned by Shafik Gabr, a wealthy businessman who was in a financial dispute related to selling cars in Egypt with a subsidiary of the German automaker Volkswagen.

Wiles was also a registered lobbyist for the subsidiaries of a multinational gaming company and a Canadian company looking to build a massive copper and gold mine near Alaska’s salmon-rich Bristol Bay.

Wiles was hardly an outlier in Trump’s Washington, where his eponymously named hotel served as a hub for lobbyists, business leaders and foreign governments looking to rub shoulders with Trump World figures as they sought the president’s favor.

Though much of it was part of the normal course of business in Washington, a number of Trump allies and advisers were investigated and charged with crimes linked to their work on behalf of foreign countries and entities.

After becoming Trump’s de facto campaign manager in 2022, Wiles kept on lobbying, this time for Mercury, a multinational public affairs and lobbying firm. Most recently she was representing the maker of Swisher Sweets cigars.

Goodman reported from Miami and Suderman from Richmond, Virginia.

By ISABELLA VOLMERT, Associated Press

Women will for the first time make up a majority of state legislators in Colorado and New Mexico next year, but at least 13 states saw losses in female representation after the November election, according to a count released Thursday by the Rutgers Center for American Women and Politics.

While women will fill a record number of state legislative seats in 2025, the overall uptick will be slight, filling just over third of legislative seats. Races in some states are still being called.

“We certainly would like to see a faster rate of change and more significant increases in each election cycle to get us to a place where parity in state legislatures is less novel and more normal,” said Kelly Dittmar, director of research at the CAWP, which is a unit of the Eagleton Institute of Politics at Rutgers University.

As of Wednesday, at least 2,451 women will serve in state legislatures, representing 33.2% of the seats nationwide. The previous record was set in 2024 with 2,431 women, according to the CAWP.

The number of Republican women, at least 852, will break the previous record of 815 state lawmakers set in 2024.

“But still, Republican women are very underrepresented compared to Democratic women,” Debbie Walsh, director of the CAWP, said.

States that gained women in legislatures

By the most recent count, 19 states will have increased the number of women in their state legislatures, according to the CAWP. The most notable increases were in New Mexico and Colorado where women will for the first time make up a majority of lawmakers.

In New Mexico, voters sent an 11 additional women to the chambers. Colorado had previously attained gender parity in 2023 and is set to tip over to a slight female majority in the upcoming year.

The states follow Nevada, which was the first in the country to see a female majority in the legislature following elections in 2018. Next year, women will make up almost 62% of state lawmakers in Nevada, far exceeding parity.

Women in California’s Senate will make up the chamber’s majority for the first time in 2025 as well. Women also made notable gains in South Dakota, increasing its total number by at least nine.

States that lost women in legislatures

At least thirteen states emerged from the election with fewer female lawmakers than before, with the most significant loss occurring in South Carolina.

Earlier this year, the only three Republican women in the South Carolina Senate lost their primaries after they stopped a total abortion ban from passing. Next year, only two women, who are Democrats, will be in the 46-member Senate.

No other state in the country will have fewer women in its upper chamber, according to the CAWP. Women make up 55% of the state’s registered voters.

Half the members in the GOP dominated state were elected in 2012 or before, so it will likely be the 2040s before any Republican woman elected in the future can rise to leadership or a committee chairmanship in the chamber, which doles out leadership positions based on seniority.

A net loss of five women in the legislature means they will make up only about 13% of South Carolina’s lawmakers, making the state the second lowest in the country for female representation. Only West Virginia has a smaller proportion of women in the legislature.

West Virginia stands to lose one more women from its legislative ranks, furthering its representation problem in the legislature where women will make up just 11% of lawmakers.

Why it matters

Many women, lawmakers and experts say that women’s voices are needed in discussions on policy especially at a time when state government is at its most powerful in decades.

Walsh, director of the CAWP, said the new changes expected from the Trump administration will turn even more policy and regulation to the states. The experiences and perspectives women offer will be increasingly needed, she said, especially on topics related to reproductive rights, healthcare, education and childcare.

“The states may have to pick up where the federal government may, in fact, be walking away,” Walsh said. “And so who serves in those institutions is more important now than ever.”

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By MARTHA MENDOZA, BRIAN SLODYSKO and JULIET LINDERMAN, Associated Press

SANTA CRUZ, Calif. (AP) — A woman told police that she was sexually assaulted in 2017 by Pete Hegseth after he took her phone, blocked the door to a California hotel room and refused to let her leave, according to a detailed investigative report made public late Wednesday.

Hegseth, a former Fox News personality and President-elect Donald Trump’s nominee to be defense secretary, told police at the time that the encounter had been consensual and denied any wrongdoing, the report said.

News of the allegations surfaced last week when local officials released a brief statement confirming that a woman had accused Hegseth of sexual assault in October 2017 after he had spoken at a Republican women’s event in Monterey.

Hegseth’s lawyer, Timothy Palatore, said in a statement that the police report confirms “what I have said all along that the incident was fully investigated and police found the allegations to be false, which is why no charges were filed.”

Hegseth paid the woman in 2023 as part of a confidential settlement to head off the threat of what he described as a baseless lawsuit, Palatore has said.

The 22-page police report was released in response to a public records request and offers the first detailed account of what the woman alleged to have transpired — one that is at odds with Hegseth’s version of events. The report cited police interviews with the alleged victim, a nurse who treated her, a hotel staffer, another woman at the event and Hegseth.

The woman’s name was not released, and The Associated Press does not typically name people who say they have been sexually assaulted.

A spokeswoman for the Trump transition said early Thursday that the “report corroborates what Mr. Hegseth’s attorneys have said all along: the incident was fully investigated and no charges were filed because police found the allegations to be false.”

The report does not say that police found the allegations were false. Police recommended the case report be forwarded to the Monterey County District Attorney’s Office for review.

Investigators were first alerted to the alleged assault, the report said, by a nurse who called them after a patient requested a sexual assault exam. The patient told medical personnel she believed she was assaulted five days earlier but couldn’t remember much about what had happened. She reported something may have been slipped into her drink before ending up in the hotel room where she said the assault occurred.

Police collected the unwashed dress and underwear she had worn that night, the report said.

The woman’s partner, who was staying at the hotel with her, told police that he was worried about her that night after she didn’t come back to their room. At 2 a.m., he went to the hotel bar, but she wasn’t there. She made it back a few hours later, apologizing that she “must have fallen asleep.” A few days later, she told him she had been sexually assaulted.

The woman, who helped organize the California Federation of Republican Women gathering at which Hegseth spoke, told police that she had witnessed the TV anchor acting inappropriately throughout the night and saw him stroking multiple women’s thighs. She texted a friend that Hegseth was giving off a “creeper” vibe, according to the report.

After the event, the woman and others attended an after-party in a hotel suite where she said she confronted Hegseth, telling him that she “did not appreciate how he treated women,” the report states.

A group of people, including Hegseth and the woman, decamped for the hotel’s bar. That’s when “things got fuzzy,” the woman told police.

She remembered having a drink at the bar with Hegseth and others, the police report states. She also told police that she argued with Hegseth near the hotel pool, an account that is supported by a hotel staffer who was sent to handle the disturbance and spoke to police, according to the report.

Soon, she told police, she was inside a hotel room with Hegseth, who took her phone and blocked the door with his body so that she could not leave, according to the report. She also told police she remembered “saying ‘no’ a lot,” the report said.

Her next memory was of lying on a couch or bed with a bare-chested Hegseth hovering over her, his dog tags dangling, the report states. Hegseth served in the National Guard, rising to the rank of major.

After Hegseth finished, she recalled he threw a towel at her and asked if she was “OK,” the report states. She told police she did not recall how she got back to her own hotel room and had since suffered from nightmares and memory loss.

At the time of the alleged assault, Hegseth, now 44, was going through a divorce with his second wife, with whom he has three children. She filed for divorce after he had a child with a Fox News producer who is now his third wife, according to court records and social media posts by Hegseth. His first marriage ended in 2009, also after infidelity by Hegseth, according to court records.

Hegseth, who joined Fox News as a contributor in 2014 before becoming co-host of “Fox & Friends Weekend,” left the network after Trump announced his intention to nominate him.

Hegseth said he attended an after party and drank beer but did not consume liquor, and acknowledged being “buzzed” but not drunk.

He said he met the woman at the hotel bar, and she led him by the arm back to his hotel room, which surprised him because he initially had no intention of having sex with her, the report said.

Hegseth told investigators that the sexual encounter that followed was consensual, adding that he explicitly asked more than once if she was comfortable. Hegseth said in the morning the woman “showed early signs of regret,” and he assured her that he wouldn’t tell anyone about the encounter.

Hegseth’s attorney said a payment was made to the woman as part of a confidential settlement a few years after the police investigation because Hegseth was concerned that she was prepared to file a lawsuit that he feared could have resulted in him being fired from Fox News, where he was a popular host. The attorney would not reveal the amount of the payment.

Slodysko reported from Washington and Linderman from Baltimore.

By MICHAEL KUNZELMAN

WASHINGTON (AP) — A federal judge who was nominated by Donald Trump says it would be “beyond frustrating and disappointing” if the president-elect hands out mass pardons to rioters who stormed the U.S. Capitol after the 2020 election, a rare instance of judicial commentary on a politically divisive subject.

U.S. District Judge Carl Nichols, who was appointed to the bench in June 2019, expressed his criticism during a hearing Tuesday at which he agreed to postpone a Capitol riot defendant’s trial until after Trump returns to the White House in January.

During his campaign for a second term as president, Trump repeatedly referred to Jan. 6 rioters as “hostages” and “patriots” and said he “absolutely” would pardon rioters who assaulted police “if they’re innocent.” Trump has suggested he would consider pardoning former Proud Boys leader Enrique Tarrio, who was sentenced to 22 years in prison after a jury convicted him of orchestrating a violent plot to keep Trump in power after the 2020 election.

“Blanket pardons for all January 6 defendants or anything close would be beyond frustrating and disappointing, but that’s not my call,” Nichols said, according to a transcript. “And the possibility of some pardons, at least, is a very real thing.”

Nichols is one of over 20 judges who have presided over more than 1,500 cases against people charged in a mob’s attack on the Capitol on Jan. 6, 2021. Many Capitol riot defendants have asked for post-election delays in their cases, but judges largely have denied their requests and forged ahead with sentencings, guilty pleas and other hearings.

Steve Baker, a writer for a conservative media outlet, pleaded guilty last Tuesday to Capitol riot-related misdemeanors after U.S. District Judge Christopher Cooper refused to pause the case until after Trump takes office. However, Cooper acknowledged that the case may never reach the punishment stage given the possibility of pardons.

Nichols commented on pardons during a hearing for Jacob Lang, a Capitol riot defendant who is jailed while awaiting a trial in Washington. Within hours of Trump’s victory this month, Lang posted on social media that he and other Jan. 6 “political prisoners” were “finally coming home.”

“There will be no bitterness in my heart as I walk out of these doors in 75 days on inauguration day,” wrote Lang, who was charged several days after the riot with repeatedly attacking police officers.

Nichols, who clerked for U.S. Supreme Court Justice Clarence Thomas before working for the Justice Department, said he hasn’t delayed any trial solely on the basis of possible pardons. He noted that his decision to delay Lang’s trial was based in part on matters that they privately discussed under seal.

“I agree very much with the government that there are costs to not proceeding here, both to the trial team, to the witnesses and to the victims, as well as to the public, which has an interest in a determination of guilt or innocence in a case that has been pending as long as this one,” Nichols said.

Several days after the election, U.S. District Judge Rudolph Contreras postponed a Jan. 6 trial that had been scheduled to start on Dec. 2. The defendant, William Pope, argued that his trial would be a waste of the court’s time and resources “because there will never be a sentencing, and I will be free.”

Contreras said he didn’t want to bring in dozens of prospective jurors for a two-week trial “just to have it go for naught.”

“Of course, it’s speculative, but there is a real possibility of that happening,” the judge added, according to a transcript.

A prosecutor objected to the delay, saying that “the speculative nature of what Mr. Pope hopes will be a pardon is not a sufficient reason to continue this trial.”

Judges have largely echoed that argument. U.S. District Judge Reggie Walton refused to delay a Nov. 8 sentencing hearing for Anna Lichnowski, a Florida woman who believes she would be a good candidate for a pardon. Walton, who sentenced Lichnowski to 45 days in jail, wrote that the possibility of pardons is “irrelevant to the Court’s obligation to carry out the legal responsibilities of the Judicial Branch.”

By MEG KINNARD

NASHVILLE, Tenn. (AP) — President-elect Donald Trump has endorsed a line of guitars, following up on the Bibles, sneakers, watches, photo books and cryptocurrency ventures launched during his third White House campaign.

Trump on Wednesday posted to Truth Social a photo of himself holding what he said was a “Limited Edition ‘45’ Guitar,” an electric model emblazoned with an American flag and eagle on the body, and Trump’s “Make America Great Again” slogan inlaid into the neck. Both acoustic and electric styles are available, for $1,250 and $1,500, respectively, as well as “Presidential” and “God Bless the USA” models and “Signature Edition” guitars, which — with a $10,000 price tag — also include Trump’s signature.

What’s not clear is the financial relationship between Trump and proceeds from the guitar sales.

Following his long tradition of melding his political and business interests, Trump has hawked a series of branded products since he launched his 2024 White House campaign, a slew of items that went up for sale in the wake of a $489 million civil fraud judgment against the former president.

Some of them, like the “Official Trump Watch Collection” — where one model costs $100,000 — were listed as affiliated with CIC Ventures LLC, a company that Trump reported owning in his 2023 financial disclosure.

Websites for items like the watches note that the products are subject to a “paid license agreement,” the same mechanism that allowed Trump, well before he entered politics, to profit for years from sales of everything from water to vodka and steaks.

As of Wednesday, GetTrumpGuitars.com included no such disclaimers, or even the name of the company selling the items. An FAQ page lists information about how many of each model are being made available — and notes that these models are “the ONLY guitars endorsed by President Donald J. Trump!” — but includes none of the disclaimers or licensing language on some of Trump’s other product sites.

The guitar website’s privacy policy does include a suburban Nashville address for a couple, neither of whom immediately returned a message seeking comment Wednesday. Photos on their social media pages showed that they attended Trump’s election-night party in Florida.

Messages left with 16 Creative — a branding agency listed at the bottom of the guitar website — and Trump’s transition team also were not immediately returned.

Leading up to his win in the general election, Trump this year has announced the sale of $100 silver coins bearing his face, urged his supporters to spend $59.99 for a “God Bless the USA Bible,” inspired by country singer Lee Greenwood’s patriotic ballad, and hawked new Trump-branded sneakers at “Sneaker Con,” a gathering that bills itself as the “The Greatest Sneaker Show on Earth.”

He also has dabbled in NFTs, or nonfungible tokens, and last year reported earning between $100,000 and $1 million from a series of digital trading cards that portrayed him in cartoon-like images, including as an astronaut, a cowboy and a superhero.

Meg Kinnard can be reached at http://x.com/MegKinnardAP

WASHINGTON (AP) — President-elect Donald Trump is nominating the billionaire professional wrestling mogul Linda McMahon to be secretary of the Education Department, tasked with overseeing an agency Trump has promised to dismantle.

McMahon led the Small Business Administration during Trump’s initial term from 2017 to 2019 and twice ran unsuccessfully as a Republican for the U.S. Senate in Connecticut.

McMahon served on the Connecticut Board of Education for a year starting in 2009 and has spent years on the board of trustees for Sacred Heart University in Connecticut. She’s seen as a relative unknown in education circles, though she has expressed support for charter schools and school choice.

This is a developing story. Check back for updates.

By JONATHAN J. COOPER

Mehmet Oz, a celebrity heart surgeon turned talk show host and lifestyle guru, is President-elect Donald Trump’s pick to run the Centers for Medicare and Medicaid Services, the massive federal health care bureaucracy that covers more than a third of Americans.

Here’s a look at a television doctor who became a politician and is now designated to lead an agency that touches nearly all Americans in some way.

Who is Dr. Oz?

Trained as a heart surgeon, Oz rose to prominence on Oprah Winfrey’s leading daytime television show before spinning off his own series, “The Dr. Oz Show,” in 2009.

The program aired for 13 seasons and made Oz a household name.

Oz stopped doing surgeries in 2018 but his physician license remains active in Pennsylvania through the end of this year, according to the state’s online database.

Oz is an author of New York Times bestsellers, an Emmy-winning TV show host, radio talk show host, presidential appointee, founder of a national nonprofit to educate teens about healthy habits, and self-styled ambassador for wellness.

He also guest hosted the “Jeopardy!” game show and helped save a dying man at Newark Liberty International Airport.

Oz was born in Cleveland, Ohio, the son of a heart surgeon who emigrated from Turkey.

He attended a private high school in Delaware and Harvard University as a college undergraduate, also playing football there, and served in the Turkish army to maintain his dual citizenship.

He made his reputation as a surgeon, but he made a fortune as a salesman

Oz dispensed nutritional and lifestyle advice on his show, portraying himself as a trusted doctor capable of explaining health matters in an engaging and approachable way. But his show also blurred the line between medical advice and advertising, failing to make clear to his audience just how closely he worked with the companies he pitched.

He repeatedly promoted products of questionable medical value and was named in lawsuits that alleged he made misleading claims on the show. Several of the companies he has promoted are structured as multilevel marketing businesses whose practices have repeatedly drawn the attention of federal regulators.

Oz had a net worth between $100 million and $315 million, according to a federal financial disclosure he filed in 2022, which gives dollar values in ranges but does not provide specific figures.

He ran for U.S. Senate

Oz ran for U.S. Senate as a Republican in 2022, one of the highest-profile races of that year’s midterms. Though he was a longtime resident of New Jersey and worked in New York City, Oz ran in Pennsylvania, citing ties to the state through his wife’s parents.

His campaign leaned heavily into his celebrity. Its logo looked just like his TV show logo. His themes — “a dose of reality” or “the doctor is in” — spun off his TV doctor reputation.

He ran in a crowded Republican primary and won Trump’s eagerly sought endorsement.

“Women, in particular, are drawn to Dr. Oz for his advice and counsel. I have seen this many times over the years. They know him, believe in him, and trust him,” Trump said when he endorsed Oz.

Following a court battle that went all the way to the U.S. Supreme Court, Oz narrowly won the primary over McCormick by 951 votes but lost to Democrat John Fetterman in the general election.

Oz and Trump have a long personal history

Oz told The Associated Press in a 2022 interview that he first met Trump in 2004 or 2005 when he asked Trump to use his golf course for an event for Oz’s children’s charity. Trump agreed. After that, they saw each other intermittently at social events before Oz interviewed Trump about his health during the 2016 presidential campaign.

In a 2016 appearance on “The Dr. Oz Show,” Trump said his wife, Melania Trump, was “a big fan” of the show.

Trump appointed Oz to the President’s Council on Sports, Fitness and Nutrition during his first term.

He would oversee a massive agency

If confirmed by the Senate to lead CMS, Oz would oversee Medicare, Medicaid, children’s health insurance and the Affordable Care Act, better known as “Obamacare.” The programs cover more than 160 million people, from newborns to nursing home residents.

CMS also plays a central role in the nation’s $4.5 trillion health care economy, setting Medicare payment rates for hospitals, doctors, labs and other service providers. Government payment levels become the foundation for private insurers. The agency also sets standards that govern how health care providers operate.

The agency has more than 6,000 employees and a $1.1 trillion budget.

By FATIMA HUSSEIN

WASHINGTON (AP) — President-elect Donald Trump has chosen Howard Lutnick, head of brokerage and investment bank Cantor Fitzgerald and cryptocurrency enthusiast, as his nominee for commerce secretary.

The nomination would put Lutnick in charge of a sprawling Cabinet agency that is involved in funding new computer chip factories, imposing trade restrictions, releasing economic data and monitoring the weather. It is also a position in which connections to CEOs and the wider business community are crucial.

Lutnick, a co-chair of Trump’s transition team, along with Linda McMahon, the former wrestling executive who previously led Trump’s Small Business Administration, once appeared on Trump’s NBC reality show, “The Apprentice.” He has become a part of the president-elect’s inner circle.

Here are things to know about the billionaire who, if confirmed by the Senate, will lead the Commerce Department.

He was Elon Musk’s pick to lead the Treasury Department

Elon Musk and others in Trump’s orbit called on Trump last week to dump previous front-runner for treasury secretary, Scott Bessent, in favor of Lutnick. Musk said in a post that “Bessent is a business-as-usual choice, whereas @howardlutnick will actually enact change.”

The treasury role has been at the center of an unusual high-profile jockeying within the Trump world. At the same time, the position is closely watched in financial circles, where a disruptive nominee could have immediate negative consequences on the stock market, which Trump watches closely. Trump has yet to decide on one of the top remaining vacancies in his proposed cabinet.

The major remaining nominees for the role are Bessent, former Federal Reserve board governor Kevin Warsh, Apollo Global Management Chief Executive Marc Rowan, and Tennessee Sen. Bill Hagerty, Trump’s former Japan ambassador.

He is a major supporter of Trump’s tariffs plan

Trump on the campaign trail proposed a 60% tariff on goods from China — and a tariff of up to 20% on everything else the United States imports. On the campaign trail, Trump portrayed the taxes on imports as both a negotiating tool to hammer out better trade terms and as a way to generate revenue to fund tax cuts elsewhere.

An advocate for imposing wide-ranging tariffs, Lutnick gave full-throated support for Trump’s tariffs plan in a CNBC interview in September. “Tariffs are an amazing tool for the president to use — we need to protect the American worker,” he said.

Mainstream economists are generally skeptical of tariffs, considering them a mostly inefficient way for governments to raise money and promote prosperity.

His brother and hundreds of Cantor employees were killed in the September 11th terrorist attacks

Lutnick’s brother, Gary Lutnick, and 658 of 960 Cantor Fitzgerald employees were killed in the Sept. 11, 2001, attack on the World Trade Center. The firm lost two-thirds of its employees that day. Lutnick is a member of the Board of Directors of the National September 11 Memorial & Museum, the Partnership for New York City.

After Cantor Fitzgerald settled a wrongful death and personal injuries case against American Airlines and insurance carriers in 2013 for $135 million, Lutnick said: “We could never, and will never, consider it ordinary. For us, there is no way to describe this compromise with inapt words like ordinary, fair or reasonable. All we can say is that the legal formality of this matter is over.”

Trump’s Tuesday announcement on the Commerce Department nomination mentioned Lutnick’s loss — stating he was “the embodiment of resilience in the face of unspeakable tragedy.”

He’s a major supporter of cryptocurrency

Lutnick is a proponent of advancing aims of the cryptocurrency industry — namely, the cryptocurrency Tether.

Cryptocurrencies are forms of digital money that can be traded over the internet without relying on the global banking system. Bitcoin is the most popular cryptocurrency.

“Bitcoin is like gold and should be free trade everywhere in the world,” Lutnick said at a bitcoin conference earlier this year. “And as the largest wholesaler in the world we’re going to do everything in our power to make it so. Bitcoin should trade the same as gold everywhere in the world without exception and without limitation.”

Trump has taken on a favorable view of cryptocurrencies — from announcing in May that the campaign would begin accepting donations in cryptocurrency as part of an effort to build what it calls a “crypto army” leading up to Election Day. He has also launched a cryptocurrency platform called World Liberty Financial with members of his family earlier this year.

By FARNOUSH AMIRI

WASHINGTON (AP) — House Speaker Mike Johnson signaled support Tuesday for a Republican effort to ban Democrat Sarah McBride — the first transgender person to be elected to Congress — from using women’s restrooms in the Capitol once she’s sworn into office next year.

“We’re not going to have men in women’s bathrooms,” Johnson told The Associated Press. “I’ve been consistent about that with anyone I’ve talked to about this.”

Citing his Christian faith, Johnson earlier in the day emphasized the need to “treat all persons with dignity and respect,” adding, “This is an issue that Congress has never had to address before, and we’re going to do that in deliberate fashion with member consensus on it.”

A resolution proposed Monday by GOP Rep. Nancy Mace of South Carolina would prohibit any lawmakers and House employees from “using single-sex facilities other than those corresponding to their biological sex.” Mace said the bill is aimed specifically at McBride, who was elected to the House this month from Delaware.

The debate over whether transgender people should be allowed to use the bathrooms that align with their gender identity has been prevalent across the U.S. and was a focal point of President-elect Donald Trump’s campaign. At least 11 states have adopted laws barring transgender girls and women from girls and women’s bathrooms at public schools, and in some cases other government facilities.

“I’m absolutely, 100% gonna stand in the way of any man who wants to be in a women’s restroom, in our locker rooms, in our changing rooms,” Mace said told reporters Tuesday. The second-term congresswoman added that Johnson assured her the bathroom provision would be included in any changes to House rules for the next Congress.

“If it’s not,” she said. “I’ll be ready to pick up the mantle.”

Democrats, including McBride, denounced the GOP effort as “bullying” and a “distraction.”

“This is a blatant attempt from far right-wing extremists to distract from the fact that they have no real solutions to what Americans are facing,” McBride said. “We should be focused on bringing down the cost of housing, health care, and child care, not manufacturing culture wars.”

Rep. Katherine Clark, the No. 2 Democrat in the House, quipped that House Republicans are already “off to a great start.”

“What are they talking about there, on day one, is where one member out of 435 is going, where she is going to use the bathroom?” the Massachusetts lawmaker said during a press conference Tuesday. “That is their focus?”

McBride was elected to the House this month after building a national profile as an LGBTQ activist and raising more than $3 million in campaign contributions from around the country. She became the first openly transgender person to address a major party convention in the United States in 2016, when she spoke at the Democratic National Convention.

After her election win earlier this month, McBride said that her victory was “a testament to Delawareans that we have shown time and time again that in this state of neighbors, we judge candidates based on their ideas and not their identities.”

Associated Press writers Kevin Freking and Lisa Mascaro contributed to this report.

By MARY CLARE JALONICK and STEPHEN GROVES

WASHINGTON (AP) — As President-elect Donald Trump digs in on his pick of former Rep. Matt Gaetz for attorney general, Republican senators are divided over how much information they will demand to move his confirmation — and how much to push back on Trump as he demands that they quickly rubber stamp his Cabinet once he takes office in January.

Gaetz, who is expected to start meeting with senators as soon as this week, is an unconventional pick for the nation’s top law enforcement official, creating a confirmation climb in the Senate, where many Republicans are deeply uncomfortable with his selection.

The Florida Republican spent his congressional career agitating against the Justice Department and has faced a House Ethics investigation into whether he engaged in sexual misconduct and illicit drug use, accepted improper gifts and sought to obstruct government investigations of his conduct. Gaetz denies the allegations.

Publicly, Republican senators say they will give Gaetz the same due process that they give any other nominee. Most are loath to criticize him directly. But they are split on whether to demand access to the ethics report, which the House ethics committee could choose to release after Gaetz resigned from the House last week.

House Speaker Mike Johnson, who has positioned himself as Trump’s top ally in Congress, said last week that he will “strongly request” that the Ethics committee not release the results of its investigation.

Republican Sen. John Thune of South Dakota, who will become Senate majority leader in January, deferred to Johnson, saying Monday that the ethics report is “a House issue.” But several in his conference argued that the Senate should see the report, whether it is released publicly or not.

“There’s nothing about that that would smell right, to say, ‘Hey, there’s a report but none of us want to see it,’” said Sen. James Lankford, R-Okla.

Republican Sen. Markwayne Mullin, who served in the House with Gaetz, said the ethics report is important for the Senate’s “advice and consent” role laid out in the Constitution. “I think the report from the House plays a pivotal role in that,” he said.

Others said the information would come out one way or another, even if it isn’t released. “I’m going to honor Speaker Johnson’s position,” said North Carolina Sen. Thom Tillis. “I think it’s a reasonable position.”

The simmering clash between the Senate, House and Trump could be just the first of many to come. Trump has made clear he expects next year’s unified Republican Congress to give him broad leeway on his nominees.

Cabinet nominees have traditionally provided a flood of paperwork to Senate committees ahead of their confirmation hearings, participating in background checks by the FBI and filling out lengthy questionnaires that probe every aspect of their lives and careers. But Trump’s transition has already signaled that it might not request the background checks and has so far declined to sign agreements with the White House and the Department of Justice to allow that process to begin.

The documentation, including the criminal background checks and financial vetting, could be key for senators in both parties who have questions about Gaetz and some of Trump’s other more controversial nominees, including Tulsi Gabbard for director of national intelligence, Pete Hegseth for secretary of Defense and Robert F. Kennedy Jr. for secretary of Health and Human Services.

In the absence of the traditional process, whether to proceed without an FBI background check would be up to individual committee chairs, who will be under tremendous pressure from Trump and his allies to move his nominees quickly. On Tuesday, Wyoming Sen. John Barrasso, the incoming No. 2 Republican under Thune, said the Senate will begin hearings once Republicans take the majority on Jan. 3 and start holding confirmation votes once Trump is inaugurated on Jan. 20.

Republican senators say they will demand that documentation, but it’s unclear how that might work if Trump’s transition doesn’t consent to it.

“I think that if they want a speedy consideration of this nomination we’ve got to have as much transparency as we can have,” said Iowa Sen. Chuck Grassley, who will serve as Senate Judiciary Committee chairman next year. “Because you’ve heard my colleagues, especially on the Republican side, say that they have some questions.”

Mississippi Sen. Roger Wicker, the incoming chairman of the Senate Armed Services Committee, said he wants a traditional process involving the full FBI background check for Hegseth and the committee’s other nominees. “We should do it by the numbers,” Wicker said.

Democrats are wary, though, that the process could get muddled, or curtailed, as Trump puts the full force of his pressure on Senate Republicans.

“If there’s a cursory background check, like we call 20 people — that’s not going to be appropriate,” said Rhode Island Sen. Jack Reed, the current chairman of the Senate Armed Services Committee who will be the panel’s top Democrat next year.

Meanwhile. Gaetz has already paid a visit to at least one group of potential allies, the hard-right House Freedom Caucus, where he outlined for the group “some of the things that that need to be done at the Department of Justice to end the weaponization,” said Rep. Andy Harris, R-Md., the chairman of the Freedom Caucus.

Among the ideas Gaetz discussed was “eliminating a lot of the senior staff,” Harris said.

As for the allegations of sexual misconduct against Gaetz, Harris dismissed them saying, “last time I looked, in America, you’re innocent until proven guilty.” He said he did not believe the House Ethics files on Gaetz should be released.

“We think that the president deserves to get his selections approved for the cabinet, and Mr. Gaetz knows what to do to end the weaponization of the department,” Harris said.

Speaker Johnson also made clear his position Tuesday, telling reporters that the Senate should do its job and “sure, take a look, do a deep dive” and then move them along for confirmation so “the president has the team in place to do what the American people have elected him to do.”

“I think President Trump is looking for persons who will shake up the status quo,” Johnson said. “And we got a mandate in this election cycle to do that.”

By CHRISTINA A. CASSIDY, JOHN HANNA and AMY BETH HANSON, Associated Press

HELENA, Mont. (AP) — Terry Thompson had an election to run for voters in Cascade County, Montana. Why then, she thought, was her office in Great Falls being sent mailed ballots completed by voters in places such as Wasilla, Alaska, Vancouver, Washington, and Tampa, Florida?

It was only about a dozen ballots total from voters in other states. But she said it still raised concerns about the ability of the U.S. Postal Service to deliver election mail and whether the errant ballots would ever be counted.

“I mean, I would have had to been doing FedEx overnight envelopes to all these states to try to get them where they needed to go,” said Thompson, the county’s election administrator.

She received about a half dozen others that should have gone to county election offices in other parts of Montana. For those, she said she “just had to hope and pray” they made it back on time.

While a stray ballot ending up in the wrong place can happen during election season, the number of ballots destined for other states and counties that ended up at Thompson’s office is unusual. The Associated Press found it wasn’t an anomaly. Election offices in California, Louisiana, New Mexico and elsewhere also reported receiving completed ballots in the mail that should have gone to other states.

To some election officials, it confirms concerns they raised before the Nov. 5 presidential election about the U.S. Postal Service’s performance and ability to handle a crush of mail ballots, as early voting has become increasingly popular with voters.

State election officials warned in September that problems with the nation’s mail delivery system threatened to disenfranchise voters in the upcoming presidential election. In a letter to U.S. Postmaster General Louis DeJoy, the election officials noted problems during the primaries that included mailed ballots postmarked on time but received too late be counted and instances of properly addressed election mail returned as undeliverable.

In Louisiana, state election officials said some 40 to 50 ballots destined for 10 other states ended up being delivered to local election offices, mostly in Orleans Parish. Deputy Secretary of State Joel Watson Jr. said the Secretary of State’s Office had “extraordinary frustration” for the Postal Service’s continued “inconsistencies” and “lack of accountability.”

Dozens of mail ballots from inside the state also were delivered to the wrong local election office, Watson said.

“There were many instances where our staff had to physically take these ballots and drive them to another parish to get them there on time to make sure those votes count,” Watson said. “We had to use time and resources in the hours and days immediately preceding the biggest election we hold to make sure these ballots were delivered to the right places.”

Louisiana law does not permit ballot drop boxes, and Watson indicated his office does not support moving in that direction and would continue to encourage voters to cast their ballots in person. He cited security concerns such as the arson attacks on drop boxes in Washington and Oregon ahead of the Nov. 5 election in which ballots were damaged.

The U.S. Postal Service said in a statement that it had been working closely with local election officials to resolve concerns, but did not address specific questions regarding the misdirected ballots.

“The United States Postal Service is fully committed to fulfilling our role in the electoral process when policy makers choose to utilize us as a part of their election system, and to delivering election mail in a timely manner,” Rod Spurgeon, a USPS spokesman, said in an email.

Mark Dimondstein, president of the American Postal Workers Union, said ballot monitors identified some problems inside facilities during the election season but said they were resolved.

“While we are waiting on the final statistics from the Postal Service, all indications show that vote-by-mail was a success in the 2024 general election,” he said in an emailed statement Tuesday.

Still, state and local election officials reported numerous cases of ballots ending up in the wrong place.

In New Mexico’s Santa Fe County, County Clerk Katharine Clark said seven ballots bound for her office were instead delivered to Los Angeles County in Southern California. Those ballots were redirected, Clark said, but did not arrive at her office before the state’s deadline to be counted, which is 7 p.m. on Election Day.

“It does mean that person got denied the right to vote, because the ballots from Los Angeles County — even though they were sent (to Santa Fe) with a four- or five-day lead time — they didn’t get to us in time to count,” she said.

In addition, Clark said her office received two ballots destined for Los Angeles County and one for Maricopa County in Arizona that she sent back to the U.S. Postal Service. Nine ballots should have been delivered to other counties within New Mexico.

In addition to the Santa Fe County ballots, Los Angeles County election officials said they also received two ballots that should have been mailed to Torrance County, New Mexico. That county’s clerk, Linda Jaramillo, said she did not recall receiving the ballots from Los Angeles County but expressed faith in the nation’s mail service.

“There’s going to be a few,” Jaramillo said. “You can’t have perfection.”

The California Secretary of State’s office said about 150 mail ballots from Oregon voters were misdirected to California before being sent back. Officials at the state election office in Springfield, Illinois, somehow ended up with a ballot intended for Massachusetts.

“Yeah, I have no idea how that happens,” said Matt Dietrich, spokesperson for the Illinois State Board of Elections.

Amy Cohen, executive director of the National Association of State Election Directors, called the incidents “disappointing and heartbreaking.”

“Election officials don’t ever want to see misdelivered ballots, but it does happen for variety of reasons, not all of which are USPS’s fault,” Cohen said, noting that voters can sometimes forget to use the outer envelope that contains important address information.

But Cohen said the examples from this past presidential election seem to reflect the issues that election officials had been worried about since 2023 and were highlighted in their September letter to U.S. Postal Service leadership.

“We hope they will get to the bottom of what went wrong to prevent it from happening again in the future and that they will be responsive to the issues escalated by the election community,” Cohen said.

In Kansas, Secretary of State Scott Schwab, a Republican, was so frustrated after the August primary with hundreds of mail ballots arriving after the deadline for counting them that he posted on social media, “The Pony Express is more efficient at this point.” Schwab, unlike other Republicans, has touted the use of drop boxes.

There were no reports of ballots misdirected from or to other states, but Schwab said in a statement this week: “I still encourage voters to not use the USPS to mail their ballot unless there is no other option.”

Cassidy reported from Atlanta and Hanna from Topeka, Kansas. Associated Press writers Sophie Austin in Sacramento, California; Jack Brook in New Orleans; Morgan Lee in Santa Fe, New Mexico; and others contributed to this report.

By ERIC TUCKER, Associated Press

WASHINGTON (AP) — President-elect Donald Trump is interviewing candidates for the role of FBI director, incoming Vice President JD Vance said Tuesday in the clearest indication yet that the new administration is looking to replace current director Christopher Wray.

In a social media post that was later deleted, Vance defended his absence from a Senate vote at which a judicial nominee of President Joe Biden was confirmed by saying that at the time of the vote, “I was meeting with President Trump to interview multiple positions for our government, including for FBI Director.”

“I tend to think it’s more important to get an FBI director who will dismantle the deep state than it is for Republicans to lose a vote 49-46 rather than 49-45,” he added on X, the platform formerly known as Twitter.

Vance was referring to the Senate vote Monday to confirm Embry J. Kidd, a Biden nominee to the U.S. Court of Appeals for the 11th Circuit, a vote that he and several other Republican senators missed.

An FBI spokesperson declined to comment, and the Trump transition team did not immediately respond to a request for comment.

The FBI director’s position carries a 10-year term but Wray’s replacement would not be unexpected given Trump’s long-running criticism of the director he appointed when he was president seven years ago. This past summer, for instance, Trump took to social media to call for Wray to resign after Wray appeared to vouch for Biden’s mental acuity.

Some allies of Trump, including conservative strategist Steve Bannon, have been pushing Trump loyalist Kash Patel for the position but other potential contenders for the job are thought to include Mike Rogers, a former FBI agent and House intelligence committee chairman who recently lost his bid for the U.S. Senate as a Michigan Republican.

WASHINGTON (AP) — House Leader Hakeem Jeffries won reelection Tuesday as the Democratic leader, receiving support from his colleagues despite the party’s inability to win back majority control of the chamber in the November election.

Jeffries of New York was chosen during an internal party vote of the House Democrats underway at the Capitol. Most of the Democratic leadership team is expected to be reelected for the new Congress.

In line to become the House speaker, Jeffries remains the highest ranking Black elected official in Congress, and the first to hold the job of party leader.

He fell short of being in place to win the gavel after Republicans swept to power alongside President-elect Donald Trump, winning control of the White House, the Senate and the House.

While the Democratic leader will be the party’s nominee for House speaker, the gavel is expected to go to Speaker Mike Johnson as Republicans continue to hold the majority in the new year.

Jeffries and the House Democratic leadership works as a team — a trio of younger generation leaders that took over when Speaker Emerita Nancy Pelosi stepped aside from leadership two years ago. Democratic Whip Katherine Clark of Massachusetts and Democratic Caucus Chairman Pete Aguilar of California also won their reelections on Tuesday.

House Democrats picked up a few seats in hard-fought regions, including Jeffries’ home state of New York and in California. But they also lost seats elsewhere and failed to topple some GOP incumbents, and overall there was little change in the House.

Republicans under Johnson are left holding the majority by a so-slim margin — their numbers diminishing in the new year as Trump has tapped three GOP lawmakersElise Stefanik, Mike Waltz and Matt Gaetz to serve in his administration. Some need to be confirmed by the Senate.

By ZEKE MILLER, MICHELLE L. PRICE and DARLENE SUPERVILLE

WEST PALM BEACH, Fla. (AP) — President-elect Donald Trump said Monday he is naming former Wisconsin Rep. Sean Duffy as his nominee to be transportation secretary, as he continues to roll out picks for his Cabinet.

Duffy is a former reality TV star who was one of Trump’s most visible defenders on cable news — a prime concern for the media-focused president-elect. Duffy served in the House for nearly nine years, was a member of the Financial Services Committee and was chairman of the subcommittee on insurance and housing. He left Congress in 2019, and is now co-host of a show on Fox Business, the “Bottom Line.”

In his announcement Monday, Trump noted that Duffy is married to a Fox News host, calling him “the husband of a wonderful woman, Rachel Campos-Duffy, a STAR on Fox News.”

Duffy is so far the second Fox-affiliated television host to be named to a cabinet position in Trump’s new White House. Trump last week announced he was choosing Fox News host Pete Hegseth to serve as his defense secretary.

Trump said Duffy would use his experience and relationships built over the years in Congress “to maintain and rebuild our Nation’s Infrastructure, and fulfill our Mission of ushering in The Golden Age of Travel, focusing on Safety, Efficiency, and Innovation. Importantly, he will greatly elevate the Travel Experience for all Americans!”

Duffy in 2022 ruled out a run for Wisconsin governor, despite pleas from Trump to make a bid, saying he needed time to care for the needs of his family of nine children, posting on social media that his youngest child had a heart condition.

He is a former lumberjack athlete and frequent contributor to Fox News. He was featured on MTV’s “The Real World: Boston” in 1997. He met his future wife on the set of MTV’s “Road Rules: All Stars” in 1998.

He was a special prosecutor and Ashland County district attorney who won election to Congress as part of a tea party wave in 2010. He served until resigning in 2019.

Trump, in his statement, said Duffy would “prioritize Excellence, Competence, Competitiveness and Beauty when rebuilding America’s highways, tunnels, bridges and airports.” Trump, as he campaigned for the White House, would sometimes complain about the state of air travel in particular, lamenting that the nation’s “once-revered airports” are a “dirty, crowded mess.”

Duffy, Trump said Monday, “will make our skies safe again by eliminating DEI for pilots and air traffic controllers.” DEI refers to “diversity, equity and inclusion” programs.

The Transportation Department oversees the nation’s complex transportation system, including pipelines, railroads, cars, trucks and transit systems as well as federal funding for highways.

The department includes the National Highway Traffic Safety Administration, which regulates automakers, including Elon Musk’s Tesla. The department sets fuel economy standards for cars and trucks and regulates the airline industry through the Federal Aviation Administration, one of its agencies.

Trump has criticized electric vehicles as expensive and unreliable and called President Joe Biden’s policy to promote EVs “lunacy.

He also has said EV manufacturing will destroy auto industry jobs and has falsely claimed that battery-powered cars don’t work in cold weather and aren’t able to travel long distances.

Trump has softened his rhetoric in recent months after Musk endorsed him and campaigned heavily for his election.

Even so, industry officials expect Trump to try to slow a shift to electric cars, and a tax credit for EV purchases is reportedly among those the Trump administration may seek to eliminate next year.

Price reported from New York and Superville reported from Washington. Associated Press writer Matthew Daly in Washington contributed to this report.

By MARC LEVY

HARRISBURG, Pa. (AP) — Pennsylvania’s state Supreme Court on Monday weighed in on a flashpoint amid ongoing vote counting in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick, ordering counties not to count mail-in ballots that lack a correct handwritten date on the return envelope.

The order is a win for McCormick and a loss for Casey as the campaigns prepare for a statewide recount and press counties for favorable ballot-counting decisions. The Democratic-majority high court’s order reiterates the position it took previously that the ballots shouldn’t be counted in the election, a decision that three Democratic-controlled counties nevertheless have challenged.

The Associated Press called the race for McCormick last week, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead.

As of Monday, McCormick led by about 17,000 votes out of almost 7 million ballots counted — inside the 0.5% margin threshold to trigger an automatic statewide recount under Pennsylvania law.

Republicans last week had asked the court to bar counties from counting the ballots, saying those decisions violate both the court’s recent orders and its precedent in upholding the requirement in state law that a voter write the date on their mail-in ballot’s return envelope.

Democratic-majority election boards in Montgomery County, Philadelphia and Bucks County voted to count the ballots that lacked a correct date, echoing election officials around the state who say the date tells them nothing about a voter’s eligibility or a ballot’s legitimacy.

Republicans maintain that the date is a critical element of ballot security.

At first, the GOP also asked the court to block the count in Centre County, but later said the county had only counted three ballots that GOP officials found to be reasonable.

Statewide, the number of mail-in ballots with wrong or missing dates on the return envelope could be in the thousands. However, most counties — including several heavily populated counties controlled by Democrats — didn’t count them.

Democrats cast more mail-in ballots than Republicans, and Democrats in the past have supported counting ballots that trip over what they view as meaningless clerical requirements in state law.

Various courts have ruled against the dating requirement in at least a half-dozen cases — including once by the 3rd U.S. Circuit Court of Appeals — but higher courts have always reinstated it.

Meanwhile, the state Supreme Court has put off ruling on a pending case that calls into question whether the law violates the constitutional right to vote.

McCormick took a position aligned with Democrats in his failed eleventh-hour bid to close the gap in votes with celebrity heart surgeon Dr. Mehmet Oz in Pennsylvania’s Republican primary contest for U.S. Senate.

In that case, McCormick’s lawyer told a state judge that the object of Pennsylvania’s election law is to let people vote, “not to play games of ‘gotcha’ with them.”

Follow Marc Levy at twitter.com/timelywriter

By ZEKE MILLER

WEST PALM BEACH, Fla. (AP) — President-elect Donald Trump appears to be planning to attend a SpaceX “Starship” rocket launch on Tuesday, in the latest indication of founder Elon Musk ‘s influence in the Republican’s orbit.

The Federal Aviation Administration has issued temporary flight restrictions over Brownsville and Boca Chica, Texas area for a VIP visit that coincides with the SpaceX launch window for a test of its massive Starship rocket from its launch facility on the Gulf of Mexico. The flight restrictions put in place over Trump’s home in Palm Beach, Florida when he is there will be lifted briefly while the Texas security measures are in place.

Trump’s visit comes as billionaire Musk has been a near-constant presence at Trump’s side as he builds out his administration, attending meetings at Trump’s Mar-a-Lago club, accompanying him to meetings with Capitol Hill Republicans in Washington last week and to a UFC fight in New York on Saturday.

Trump frequently regaled audiences on the campaign trail with a dramatic account of the last Starship test, that included the capture of the booster at its launchpad by a pair of mechanical arms.

Tuesday’s 30-minute launch window opens at 4 p.m. central time, according to the company, with the company again looking to test the landing capture system of the booster in Texas, while the upper stage continues to a splashdown in the Indian Ocean.

Musk pumped an estimated $200 million through his political action committee to help elect Trump and has been named, along with former GOP presidential candidate Vivek Ramaswamy, to lead an advisory committee tasked by Trump to dramatically cut governmental costs and reshape how Washington operates, which has sparked ethics concerns over Musk’s many interests before the federal government.

The Trump transition team did not immediately respond to a request for comment on the president-elect’s plans.

(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)

Dakota Rudesill, The Ohio State University

(THE CONVERSATION) Former President Donald Trump is the president-elect. He is also a convicted felon, thanks to a jury verdict after a trial in New York state court for a hush money conspiracy before he became president the first time.

Normally, a president-elect gets access to highly classified information, including a version of the President’s Daily Brief on intelligence. And the sitting president has more access and authority over the nation’s secrets than anyone else.

A criminal conviction, however, is a long-standing disqualifier for holding a security clearance – a license to access national security secrets, including documents marked Top Secret. Just being charged criminally can mean denial or loss of clearance too.

Trump also was criminally charged in Georgia state court and the Washington, D.C., federal court in relation to his efforts to overturn the 2020 election, and he was criminally charged in federal court in Florida for obstruction of justice and wrongful retention of a trove of highly sensitive documents after his first term ended.

This dilemma is one that I, as a law professor who teaches and writes about secrecy and who earlier in my career handled classified information while working for the U.S. intelligence community and a U.S. Senate committee, would never have expected.

The good news is that the law has clear answers.

Access because of his elected position

Those answers start with this legal certainty: Presidents get access to classified information because of the office they hold, not because they meet criteria in executive orders and administrative rules. The president technically does not even have a clearance. Practically and legally speaking, the president also sits at the apex of the executive branch’s massive secrecy apparatus.

Therefore, because Trump was elected to a second term, he will again have expansive access to classified information and control over it as of noon on Jan. 20, 2025, when his term begins. He will also have control over secrets and clearances available to others. The American electorate made that decision.

Before Trump again takes office, his access to classified information is in the hands of the current and outgoing president, Joe Biden. Typically, a sitting president authorizes the major party nominees, including their opponent if the incumbent is running, to have access to classified briefings during the campaign. Although U.S. intelligence officials had planned to do the usual briefings this year despite Trump’s criminal record, Trump refused them. He said he worried that the briefers would leak them and blame him.

Now that the election has been decided, reports indicate that Trump will begin receiving intelligence briefings.

It is not yet completely clear, but Trump’s election does appear to be pushing aside his numerous criminal cases. In New York state court, the judge is considering whether to dismiss the case in which he has already been convicted. And the Georgia state case may face years of delay. Because of the Justice Department’s long-standing policy against prosecuting a sitting president, special prosecutor Jack Smith is moving to abandon both federal cases and resign in advance of Trump’s threat to fire him.

The US secrecy system

Most U.S. government employees and contractors do not have or need a security clearance. But those whose jobs involve handling sensitive information must apply for clearance. If their record suggests trustworthiness, they can receive permission to access one or more of the several levels of classified information, including Confidential, Secret and Top Secret.

Federal investigators carefully screen applicants for national security positions and security clearances. To assess a candidate’s trustworthiness, investigators interview the candidate, review their application and search databases. Some investigations involve a polygraph of the candidate and interviews of people they know. Once a clearance is granted, investigators continue to monitor clearance holders.

Key factors the investigators consider include loyalty to the United States, respect for rules and the rule of law, psychological stability, good judgment and good character in terms of trustworthiness and integrity. Substance abuse, marital infidelity or financial problems can suggest poor judgment and vulnerability to blackmail or other kinds of coercion.

The president’s broad power

The president oversees the country’s entire national security secrecy system. The president has the authority to read all classified documents, to classify and declassify almost any piece of information and to oversee the security clearance system. There is no other government official who decides whether the president should have access to the nation’s secrets.

The Supreme Court has held that authority over classification and clearances flows in part from the power the Constitution gives the president. In a dangerous international security environment, the president needs to be able to know secret information about foreign threats, communicate confidentially with foreign colleagues and subordinates, and act with what Alexander Hamilton called in the Federalist Papers “secrecy, and dispatch.”

Like the president, members of Congress get access to classified information by virtue of election, not by going through the regular security clearance process.

Normally, Trump wouldn’t get clearance

The dilemma is obvious: Trump will lead a national security enterprise that surely would have denied him a security clearance if he had to follow the rules that apply to his former and future subordinates.

If someone has a criminal indictment or conviction, or a civil judgment involving fraud, they generally cannot get clearance. Such a court record suggests disrespect for the law, dishonesty and problems following rules, which are integral to protecting classified information.

No reasonable background investigator would ignore the staggering evidence against Trump if he were to apply in the normal way.

Under the commonly used SMICE rubric, for example, Trump is all red flags. SMICE stands for categories of temptations to put personal interests over one’s obligations to the nation and to protect classified information: sex, money, ideology, crime and contraband, and ego.

First, sex: There is extensive evidence that Trump committed sexual misconduct. Trump’s conviction on 34 felony counts resulted from prosecutors at trial convincing the jury of what Trump continues to deny: his participation in a conspiracy to falsify business records to facilitate hush money payments to a porn star with whom Trump had sex in 2008 while he was married and his wife was pregnant.

Even marital infidelity on its own can endanger a clearance, because it suggests disloyalty and deception. It creates a dirty secret, creating a risk of blackmail. The public record contains considerable evidence of Trump’s misconduct and infidelity. In recent civil cases, the writer E. Jean Carroll won judgments against Trump for sexually assaulting her in the 1980s and making knowing harmful false statements about it. There are other credible allegations, as well. In 2005, Trump bragged on tape about his sexual assaults, saying that he will “just start kissing” women without consent, and that “when you are famous they let you do anything.”

Second, one of the most common reasons for clearance denial or suspension is credit card debt or other financial problems. They create a motive for taking bribes or doing business deals in exchange for leaking secrets or other disloyalty.

Trump’s businesses have recorded six bankruptcies. A US$450 million fraud judgment from February 2024 has put Trump’s finances in jeopardy. There is credible evidence that his business finances have been linked with foreign governments, particularly Russia.

Third, there is abundant evidence that Trump is a political extremist. Trump told a violent militia before the 2020 election to “stand back and stand by.” The U.S. House Jan. 6 committee found in 2022 that Trump was part of a “multi-part conspiracy” to overturn the lawful results of the 2020 presidential election, an effort that included the violent attack on the U.S. Capitol spearheaded by that same militia, the Proud Boys. Even Trump’s own White House chief of staff, chairman of the joint chiefs of staff and secretary of defense have warned that Trump fits the definition of a fascist, meaning he is a violent authoritarian and a threat to democracy.

On contraband, the Justice Department presented overwhelming evidence that Trump knowingly retained thousands of pages of classified documents after the end of his term in office – at which point his authority to have them expired – and opposed lawful government efforts to retrieve them. That case was later dismissed for other reasons.

Finally, ego: The public record is awash with testimonials from people who have worked closely with Trump that he is a narcissist. Although that kind of mental health assessment can be problematic for nonprofessionals to make without a formal assessment, the common claim here is that Trump has a grandiose sense of self-importance. Critics, including former colleagues, say he expects special treatment, avoids accountability and is so self-absorbed that he cannot act responsibly or with appropriate empathy.

For all of these reasons, there is no question: If he were treated like anyone else, Trump would never get clearance.

But the voters have decided to restore Trump to the White House and in the process again invest him with the central role in the government’s massive secrecy apparatus. That was their choice. It was an unusually informed one, too, thanks to the various court cases and other evidence in the public record. Appropriately, the Biden administration has respected the electorate’s judgment by moving to provide classified briefings during this presidential transition period.

This is a revised and updated version of an article originally published July 9, 2024.

This article is republished from The Conversation under a Creative Commons license. Read the original article here: https://theconversation.com/trumps-criminal-conviction-wont-stop-him-from-getting-security-clearance-as-president-243104.