Experts skeptical of Speaker Mike Johnson’s prediction of legal challenges to replacing Biden

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Hours before President Biden announced he would not seek reelection, Republican House Speaker Mike Johnson said there could be legal challenges — a warning election law experts said would only hold true if Biden was the official nominee.

“Every state has its own election system,” Johnson told CNN’s Jake Tapper Sunday on “State of the Union” — hours before Biden’s announcement. “In some of these states it’s a real hurdle replacing someone at the top of the ticket.”

The ticket, however, is not official until the end of the Democratic National Convention, set for next month in Chicago. Election law experts said changes made before then do not pose legal challenges.

“Joe Biden was never the official nominee of the Democratic Party,” election law expert Rick Hasen told the Daily News in an email Sunday evening. “So long as Democrats timely pick their candidates, the chances of any legal challenge to their presidential and vice-presidential candidates appearing on the ballot is incredibly small.”

The “election system” issues Johnson referred to come into play if the nominee is changed after the deadline for naming an official nominee and if ballots have already been printed, according to a scenario reported Friday by Iowa Capital Dispatch. Those deadlines are mostly in August or September.

Johnson nonetheless also implied potential subterfuge on the part of Democrats.

“Joe Biden was chosen after a long, ‘small-d’ democratic process by 14 million people emerging through that primary,” Johnson told Tapper. “It will be interesting to see if the so-called party of democracy, the Democrats, go into a back room somewhere and switch it out and put someone else at the top of the ticket. I think they’ve got legal hurdles in some of these states, and it would be litigated I would expect on the ground there, and they’ll have to sort through that.”

The Democratic party has promised anything but a “back room” process.

“In the coming days, the Party will undertake a transparent and orderly process to move forward as a united Democratic Party with a candidate who can defeat Donald Trump in November,” DNC Chair Jaime Harrison said in a statement after Biden’s announcement. “This process will be governed by established rules and procedures of the Party. Our delegates are prepared to take seriously their responsibility in swiftly delivering a candidate to the American people.”

Manchin weighs presidential run as Democrat after Biden exits

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Steven T. Dennis | (TNS) Bloomberg News

Senator Joe Manchin of West Virginia is considering rejoining the Democratic Party to vie for its presidential nomination after President Joe Biden announced he would drop out of the race, according to an adviser.

Jonathan Kott, who previously served as Manchin’s communications director, said the senator is “seriously considering” running for president as a Democrat but did not share more information about his plans. The senator, who turns 77 next month, was the first elected official to express interest in challenging Vice President Kamala Harris for the Democratic nomination.

Manchin would face an uphill battle if he were to proceed with a presidential bid. The senator left the Democratic Party in May to become an independent, and long irked his fellow Democrats by blocking major parts of Biden’s agenda and pursuing deals with Republicans.

Harris, 59, was endorsed by Biden minutes after he announced he would not seek reelection, and moved rapidly to rally key party members behind her bid. There’s little prospect that Manchin would be able to coax delegates pledged to Biden to defect from Harris.

One of Manchin’s first appearances will be a non-traditional one for someone who has indicated interest in a Democratic presidential run: he is sitting for an interview Monday on conservative-leaning Fox News with host Bret Baier, according to Kott.

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©2024 Bloomberg L.P. Visit bloomberg.com. Distributed by Tribune Content Agency, LLC.

Biden’s out, endorses Harris. Now what happens?

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John T. Bennett, Mary Ellen McIntire and Daniela Altimari | (TNS) CQ-Roll Call

WASHINGTON — President Joe Biden’s announcement Sunday he won’t seek the nomination that he won this year in primaries and caucuses in every state, including where his name wasn’t on the ballot, puts the Democratic Party in uncharted territory just four weeks before delegates are due to hold their national convention in Chicago.

Biden threw his support behind Vice President Kamala Harris to take on Republican nominee Donald Trump, but that tweet alone does not settle anything.

Here’s a look at some of the questions that lie ahead, and things to watch along the way.

Who runs?

Harris on Sunday afternoon quickly ended any speculation about her plans. “I am honored to have the President’s endorsement and my intention is to earn and win this nomination,” she said in a statement released by the Biden-Harris campaign about two hours after Biden’s bombshell announcement.

“Over the past year, I have traveled across the country, talking with Americans about the clear choice in this momentous election,” the former senator and California state attorney general added. “And that is what I will continue to do in the days and weeks ahead. I will do everything in my power to unite the Democratic Party — and unite our nation — to defeat Donald Trump and his extreme Project 2025 agenda.”

Biden had flatly rejected calls to step aside for weeks after a disastrous debate with Trump on June 27. White House and campaign aides had not provided requested details on what changed his mind. A White House official said Sunday that Biden kept Harris in the loop, saying the duo “spoke multiple times earlier today ahead of his announcement.”

On a Saturday morning call with reporters, Biden campaign aides said only that Biden, who has been convalescing at his Delaware beach house after contracting COVID-19 while on the campaign trail, was feeling better. They added his intention was to fully recover and get back to campaigning.

No other Democratic officials immediately announced plans to run.

“My job in this election will remain the same: doing everything I can to elect Democrats and stop Donald Trump,,” Michigan Gov. Gretchen Whitmer, a national co-chair for Biden’s campaign, said in a statement. Whitmer previously said she wouldn’t run, even if Biden dropped out of the race.

Illinois Gov. J.B. Pritzker, who has been mentioned as a potential candidate, issued a statement praising Biden and attacking Trump but did not mention Harris. California Gov. Gavin Newsom did the same.

How will it work?

The party’s elected delegates are now poised to have perhaps a more interesting task in Chicago next month than they may have expected.

Elaine Kamarck, a senior fellow in governance studies and the director of the Center for Effective Public Management at Brookings, said Friday a Biden withdrawal could trigger a condensed version of a primary if multiple candidates came forward. But it would be the convention’s delegates who would be the courted voters.

“What would happen is we would see who wants to run. We don’t really know that yet,” she said. “We have all sorts of people (who) are being mentioned to run, but none of them have said they want to run. In fact, they’ve said quite the opposite.”

Kamarck made those comments during a webinar Friday hosted by the new group Delegates are Democracy, which was created to educate delegates on their role in the party’s nominating process.

Candidates seeking the nomination first need to gather signatures from at least 300 delegates, with a maximum of 50 from each state.

“I think you’d have some kind of campaign going on. And it would be public because in fact the delegates are listening to the public, but it would be really focused on the delegates themselves,” Kamarck said. “Then when you got to the convention, the question would be do we have a consensus? Is there a first ballot nomination or not, or would you maybe need a couple ballots to get a nominee?”

Democratic National Committee Chair Jamie Harrison said in a statement that the party would “undertake a transparent and orderly process to move forward as a united Democratic Party with a candidate who can defeat Donald Trump in November.”

“This process will be governed by established rules and procedures of the Party. Our delegates are prepared to take seriously their responsibility in swiftly delivering a candidate to the American people,” he said.

The Democratic National Convention Rules Committee is set to meet in the coming days after a Friday meeting in which they took no votes. The panel has been weighing whether to move forward with a virtual roll call vote in early August before the convention. Some advocates for a virtual roll call vote are concerned with potential legal issues if the candidate isn’t officially nominated before an earlier date than the convention. Others are pushing for an open process at the convention.

What about Biden’s campaign account?

Biden and Harris were both listed as candidates on the organization statement for Biden for President, an account that had $96 million on June 30, according to the latest disclosure to the Federal Election Commission.

“The Vice President and her running mate can continue using the campaign’s existing funds for the general election if she is on the Democratic ticket as either the presidential or vice presidential nominee,” Trevor Potter, a former FEC chairman, said in a statement form the Campaign Legal Center, where he is president.

If Harris is not on the ticket, the Biden campaign could refund money to donors, or give it to the national party or state parties that could spend some of it to coordinate with the presidential ticket, Potter said.

Who’s with Harris and who isn’t?

Former President Bill Clinton and former Secretary of State Hillary Clinton said in a tweet they were “honored” to join Biden in endorsing Harris “and will do whatever we can to support her.” Former President Barack Obama, however, said in a statement that he has “never admired Joe Biden more than I do today” — but did not mention Harris.

Some top congressional leaders stopped short of endorsing Harris. In fact, in separate statements, Senate Majority Leader Charles E. Schumer of New York, House Minority Leader Hakeem Jeffries of New York and Nancy Pelosi of California all praised Biden — but did not mention the vice president.

One prominent pro-Biden super PAC quickly signaled its support for Harris. Unite the Country, which raised and spent nearly $50 million in support of Biden, said Sunday it “stands behind — and will fight everyday — to elect @KamalaHarris as the next President of the United States.”

Sen. Chris Coons, D-Del., a close Biden ally, said he spoke to the president on Sunday, but declined to say why Biden reversed course. He did say that Biden expressed “confidence” in Harris, with Coons echoing that sentiment.

“I support Vice President Harris. I am very hopeful that we will come out of our convention next month united,” Coons told CNN. “And we’ll see what happens in terms of the choice for a running mate. But I think our president, Joe Biden, has made his endorsement clear. And I think that is the most important endorsement that we could all be paying attention to today.”

Some other Biden backers, including Rep. James Clyburn of South Carolina, also quickly backed Harris. And some made sure Democrats saw the potential consequences of going another route.

“When we say trust Black women, we mean it,” said Rep. Cori Bush, D-Mo., a progressive facing a primary challenge. “Black women are the backbone of the Democratic Party and it is past time for us to lead our country forward. Kamala Harris is more than ready to lead this moment.”

The Congressional Black Caucus was also quick to endorse Harris, saying she “has been instrumental in delivering the accomplishments of the last 3.5 years” and “will do an excellent job as president of the United States.”

Harris, who served in the Senate from 2017 to 2021, was endorsed by a slew of senators who hold safe seats or are not up for reelection this cycle, including Christopher S. Murphy of Connecticut, Tina Smith of Minnesota, Elizabeth Warren and Ed Markey of Massachusetts and Patty Murray of Washington state.

Sen. Tim Kaine of Virginia and Martin Heinrich of New Mexico, who are both up this cycle, endorsed Harris, as did Tammy Baldwin of Wisconsin, who is facing a tough reelection battle.

Other members also held off in their initial statements. Sen. Peter Welch of Vermont, the first Democratic senator to publicly call for Biden to quit the race, said the party has “many capable, proven leaders — Vice President Harris among them. We have a deep bench of leaders who will carry on the Biden legacy.”

Sen. Bernie Sanders, the Vermont independent who battled both Biden and Harris for the nomination in 2020, had stood by Biden while others called for him to abandon his campaign. He publicly thanked the president on X for serving “with honor and dignity,” but made no mention of Harris.

Who runs with Harris?

She has not said, but names that have been mentioned include Sen. Mark Kelly of Arizona and Govs. Andy Beshear of Kentucky, Roy Cooper of North Carolina and Josh Shapiro of Pennsylvania.

Harris and Cooper were both state attorneys general at the same time and were together at a campaign event on Thursday.

“I’ve known him for almost two decades,” Harris said in Fayetteville, North Carolina. “And he is an extraordinary leader.”

Kelly said on X he “couldn’t be more confident that Vice President @KamalaHarris is the right person to defeat Donald Trump.” His wife, former Rep. Gabby Giffords, who now leads a national gun control organization after being shot in an assassination attempt, put out her own statement saying Harris “will make a great president.”

How will it play?

Republicans argued Biden’s decision was a sign he was unable to run, and argued he therefore should not continue to serve and Democrats who stood by him were colluding to deceive the public.

They also quickly turned their attention to Harris — including Trump, who cast aside talk that he would run as a more unifying figure following the assassination attempt against him last weekend.

“And during this entire term, Kamala Harris — as well as every other Democrat in Washington, sat by and did NOTHING. They are all just as complicit as Biden is in the destruction of our once-great Nation, and they must all be thrown out of office,” Trump said in a Sunday statement.

“Kamala Harris is just as much of joke as Biden is. Harris will be even WORSE for the people of our Nation than Joe Biden. Harris has been the Enabler in Chief for Crooked Joe this entire time,” he added. “They own each other’s records.”

GOP strategist Ford O’Connell said in a Sunday email that the push to oust Biden showed “the party that champions democracy appears indifferent to the will of the voters.”

Biden’s strongest backers also are unlikely to forget how the president was treated by Democrats who made public statements and anonymous quotes to news outlets.

“Now that the donors and electeds have pushed out the only candidate who has ever beaten Trump, it’s time to end the political fantasy games and unite behind the only veteran of a national campaign — our outstanding @vp, @KamalaHarris!!” Ron Klain, who served as Biden’s first chief of staff in the White House, wrote on X. “Let’s get real and win in November!”

What to watch

Biden promised a national address that could lay out his reasons in greater detail than the letter he issued Sunday. That may or may not ease arguments he is not fit to continue serving.

Harris will also get new scrutiny from this day forward. Her first major decision, choosing a running mate, has the potential to be a boost for the campaign or foreshadow more second-guessing.

The whole effort to switch candidates is also likely to face legal challenges.

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©2024 CQ-Roll Call, Inc., All Rights Reserved. Visit cqrollcall.com. Distributed by Tribune Content Agency, LLC.

Biden’s withdrawal injects uncertainty into wars, trade disputes and other foreign policy challenges

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By ISABEL DEBRE Associated Press

Joe Biden’s withdrawal from the U.S. presidential race injects greater uncertainty into the world at a time when Western leaders are grappling with wars in Ukraine and Gaza, a more assertive China in Asia and the rise of the far right in Europe.

During a five-decade career in politics, Biden developed extensive personal relationships with multiple foreign leaders that none of the potential replacements on the Democratic ticket can match. After his announcement, messages of support and gratitude for his years of service poured in from near and far.

The scope of foreign policy challenges facing the next U.S. president makes clear how consequential what happens in Washington is for the rest of the planet. Here’s a look at some of them.

ISRAEL

With Vice President Kamala Harris being eyed as a potential replacement for Biden, Israelis on Sunday scrambled to understand what her candidacy would mean for their country as it confronts increasing global isolation over its military campaign against Hamas.

Israel’s left-wing Haaretz daily newspaper ran a story scrutinizing Harris’ record of support for Israel, pointing to her reputation as Biden’s “bad cop” who has vocally admonished Israel for its offensive in Gaza. In recent months, she has gone further than Biden in calling for a cease-fire, denouncing Israel’s invasion of Rafah and expressing horror over the civilian death toll in Gaza.

“With Biden leaving, Israel has lost perhaps the last Zionist president,” said Alon Pinkas, a former Israeli consul general in New York. “A new Democratic candidate will upend the dynamic.”

Biden’s staunch defense of Israel since Hamas’ Oct. 7 attack has its roots in his half-century of support for the country as a senator, vice president, then president. Israeli Defense Minister Yoav Gallant thanked Biden for his “unwavering support of Israel over the years.” Hamas has been designated as a terrorist organization by the United States, Canada and the European Union.

“Your steadfast backing, especially during the war, has been invaluable,” Gallant wrote on social media platform X.

Israeli President Isaac Herzog praised Biden as a “symbol of the unbreakable bond between our two peoples” and a “true ally of the Jewish people.” There was no immediate reaction from Prime Minister Benjamin Netanyahu, an ally of former President Donald Trump whose history of cordial relations with Biden has come under strain during the Israel-Hamas war.

UKRAINE

Any Democratic candidate would likely continue Biden’s legacy of staunch military support for Ukraine. But frustration with the Biden administration has grown in Ukraine and Europe over the slow pace of U.S. aid and restrictions on the use of Western weapons.

“Most Europeans realize that Ukraine is increasingly going to be their burden,” said Sudha David-Wilp, director of the Berlin office of the German Marshall Fund, a research institute. “Everyone is trying to get ready for all the possible outcomes.”

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Ukrainian President Volodymyr Zelenskyy said on X that he respected the “tough but strong decision” by Biden to drop out of the campaign, and he thanked Biden for his help “in preventing (Russian President Vladimir) Putin from occupying our country.”

Trump has promised to end Russia’s war on Ukraine in one day if he is elected — a prospect that has raised fears in Ukraine that Russia might be allowed to keep the territory it occupies.

Trump’s vice presidential pick, Ohio Sen. JD Vance, is among Congress’ most vocal opponents of U.S. aid for Ukraine and has further raised the stakes for Kyiv.

Russia, meanwhile, dismissed the importance of the race, insisting that no matter what happened, Moscow would press on in Ukraine.

“That’s it for Biden,” Dmitry Medvedev, deputy head of Russia’s Security council, said on the Telegram messaging app. “The goals of the special military operation will be achieved,” he added, using the Kremlin’s term for the war in Ukraine.

CHINA

In recent months, both Biden and Trump have tried to show voters who can best stand up to Beijing’s growing military strength and belligerence and protect U.S. businesses and workers from low-priced Chinese imports. Biden has hiked tariffs on electric vehicles from China, and Trump has promised to implement tariffs of 60% on all Chinese products.

Trump’s “America First” doctrine exacerbated tensions with Beijing. But disputes with the geopolitical rival and economic colossus over wars, trade, technology and security continued into Biden’s term.

China’s official reaction to the U.S. presidential race has been careful.

“The U.S. elections are U.S. internal politics. I have no comment on this,” said Foreign Ministry spokesperson Mao Ning.

The editor of the Communist Party-run Global Times newspaper, Hu Xijin, downplayed the impact of Biden’s withdrawal.

“Whoever becomes the presidential candidate of the Democratic Party may be the same,” he wrote on X.

IRAN

With Iran’s proxies across the Middle East increasingly entangled in the Israel-Hamas war, the U.S. confronts a region in disarray.

Yemen’s Iran-backed Houthis struck Tel Aviv for the first time last week, prompting retaliatory Israeli strikes inside war-torn Yemen. Simmering tensions and cross-border attacks between Lebanon’s Iran-backed Hezbollah militant group and the Israeli military have raised fears of an all-out regional conflagration.

Hamas, which also receives support from Iran, continues to fight Israel even nine months into a war that has killed 38,000 Palestinians and displaced over 80% of Gaza’s population.

The U.S. and its allies have accused Iran of expanding its nuclear program and enriching uranium to an unprecedented 60%, near-weapons-grade levels.

After then-President Trump in 2018 withdrew from Tehran’s landmark nuclear deal with world powers, Biden said he wanted to reverse his predecessor’s hawkish stance. But the Biden administration has maintained severe economic sanctions and overseen failed attempts to renegotiate the agreement.

The sudden death of Ebrahim Raisi — the supreme leader’s hard-line protege — in a helicopter crash vaulted a new reformist to the presidency in Iran, generating new opportunities and risks. Masoud Pezeshkian has said he wants to help Iran open up to the world but has maintained a defiant tone against the U.S.

During a briefing Monday, Nasser Kanaani, spokesperson for the Iranian Foreign Ministry, brushed off Biden’s withdrawal.

“To us, the coming and going of governments and persons on top of the U.S administration is not important on its own,” he said. “What can change the atmosphere of relations is a fundamental change in this (U.S.) hostile policy against the Islamic Republic of Iran.”

EUROPE AND NATO

Many Europeans were happy to see Trump go after his years of disparaging the European Union and undermining NATO. Trump’s seemingly dismissive attitude toward European allies in last month’s presidential debate did nothing to assuage those concerns.

Biden, on the other hand, has supported close American relations with bloc leaders.

That closeness was on stark display after Biden’s decision to bow out of the race. Polish Prime Minister Donald Tusk called his choice “probably the most difficult one in your life.” The newly installed British prime minister, Keir Starmer, said he respected Biden’s “decision based on what he believes is in the best interests of the American people.”

There was also an outpouring of affection from Irish Prime Minister Simon Harris, who called Biden a “proud American with an Irish soul.”

The question of whether NATO can maintain its momentum in supporting Ukraine and checking the ambitions of other authoritarian states hangs in the balance of this presidential election, analysts say.

“They don’t want to see Donald Trump as president. So there’s quite a bit of relief but also quite a bit of nervousness” about Biden’s decision to drop out, said Jeremy Shapiro, research director of the European Council on Foreign Relations. “Like many in the United States, but perhaps more so, they are really quite confused.”

MEXICO

The close relationship between Mexico and the U.S. has been marked in recent years by disagreements over trade, energy and climate change. Since President Andrés Manuel López Obrador took power in 2018, both countries have found common ground on issue of migration – with Mexico making it more difficult for migrants to cross its country to the U.S. border and the U.S. not pressing on other issues.

The López Obrador administration kept that policy while Trump was president and continued it into Biden’s term.

On Friday, Mexico’s president called Trump “a friend” and said he would write to him to warn him against pledging to close the border or blaming migrants for bringing drugs into the United States.

“I am going to prove to him that migrants don’t carry drugs to the United States,” he said, adding that “closing the border won’t solve anything, and anyway, it can’t be done.”

Associated Press writers Jill Lawless in London, Daria Litvinova in Tallinn, Estonia, and Josh Goodman in Miami contributed to this report.