Court rules NSA program overstepped their authority

There are over 4000,000 regulations on the books. It’s believed the average American commits three felonies a day. But don’t worry - there’s no way a corrupt federal government will target you! Thankfully, Americans had a small victory for freedom when a federal court ruled the NSA overstepped congressional authority with their collection of bulk phone data under the Patriot ACT. Senator Rand Paul joined Glenn on radio to discuss this huge step towards freedom and other news of the day.

Below is a rush transcript of this segment:

GLENN: Yesterday, the NSA, the Domestic Spying Program was deemed illegal by an appeals court. And we have Senator Rand Paul on the phone with us. Congratulations, Senator Paul. I know this is something you've been working tireless on. How are you, sir?

RAND: Yeah, Glenn, thanks.

You know, about a year ago, I sued the NSA and the president and Eric Holder on this. The Fourth Amendment is very explicit. It says you have to name the person. You have to name the things you want. You got to have probable cause, and then you have to ask a judge for permission. And one of the reasons we did that is, we didn't want to allow general warrants, where you can be rounded up because of your ethnicity, rounded up because of your religion, rounded up because of your political beliefs. It had to be individualized.

It was what John Adams said -- it was the spark that led to the American Revolution. When James Otis fought against these generalized warrants. So, yeah, it's a big deal for the court now to agree and say they're illegal. I really though want this to go to the Supreme Court. And I want the Supreme Court to rule on the constitutionality on whether or not a general warrant is constitutional or not.

GLENN: This is surprising to me. I don't know enough about the courts. You probably know much more. This is the second US Court of Appeals. And if I'm not mistaken, isn't there two appointees from Obama and one from Clinton. So this isn't like the Fifth Circuit Court. This is -- this is -- you know, the left is part of this court as well.

RAND: I'm not sure of the composition, because I think sometimes there's more judges than that. I think there's actually more judges in the appellate court than the three.

GLENN: I'm saying that the three-panel judge -- the three judges on the panel, Clinton-appointed judge and two Obama-appointed judges.

RAND: Yeah, that could well be on this. And there's more that could be picked. But these particular three, I think you're correct.

The ultimate question though is that: In order for it to be enforceable ruling across the country, it needs to come from the Supreme Court. My understanding is that this decision will be sent back to the lower court. It won't necessarily go to the Supreme Court. So we're still sort of working and fighting to get this to the Supreme Court level. Because there's a really important question here, and that's whether or not a warrant can have somebody's name Mr. Verizon. And I tell people in a tongue-in-cheek way in speeches that I don't know anybody named Mr. Verizon.

So can you put the name of a business and yet get hundreds of millions of individuals' records who do business with that particular business? And I think that's where the question is: Does the Fourth Amendment requirement to individualize, to put a person's name on it, does that qualify, or does this sound suspiciously like a general warrant?

GLENN: So there's really no teeth to this, is there? I mean, there was no injunction. They don't have to stop. This was just like, yep, that's against the law.

RAND: It will have an important ramification for this reason. They're saying that the Patriot Act, as passed, does not cover in a statutory way, does not give authority for this bulk collection of phone records. The reason this is interesting is, is that Senator Wyden and I have a bill to end the bulk collection. But we don't reauthorize any part of 215, and we don't acknowledge that 215 allows this. There's a competing version of this called the USA Freedom Act, and it would actually replace this and give new statutory authority. So there's actually a danger that the reform that lurks out there, if it passes, would actually give affirmative legal justification for this program. So I think everybody needs to really think long and hard about whether the reform that's out there will actually be good or bad. I think it's better just to tell the government they can't do bulk collection, rather than replacing it with something that may give new authority.

GLENN: Two questions. First, have you ever had to run to a trash can to vomit in it every time you hear something like the Patriot Act or the Freedom Act. I mean, it is so -- you know there's trouble whenever it comes out with the Everybody Likes Ice Cream Act, you know it's deadly.

RAND: Yeah, whatever the acronym is, the more benign sounding, the actually more dastardly it is the closer you read the text.

GLENN: Okay. So do you have any confidence at all -- I mean, Mitch McConnell, I'm sorry, but, you know, as we call him here, he's a turtle head. Because he looks like a turtle head. And I defy you to look at him and not laugh because he looks exactly like a turtle. You expect his head to go in past his shoulders. But that's a different story. Notice there's no laughter there. He's very smart.

STU: He's smart.

GLENN: So you -- Mitch McConnell is already trying to, you know, push a clean extension of the Patriot Act. He's not really on the side of -- of you on this. And of us.

RAND: There is a division within the Republican Party. There's also division in the country. But the interesting thing is, when you look at my numbers versus Hillary Clinton in purple states, the reason we're winning the independent vote is because I am for the right to privacy. I am for the Fourth Amendment. And we're getting a large segment of the youth vote and of the independent vote. So I don't know, I think the Republican Party needs to be open to our point of view.

GLENN: But they don't seem to be.

RAND: Well, up here, they're not. In Washington, they're not. But go out anywhere in Texas and go to a large crowd and ask them, do you think the government should be collecting all your phone records without a warrant without your name on it? And I'll bet you 75, 80 percent of Republicans -- I've been there. I've been to Lincoln Day dinners in Dallas, Fort Worth, Houston. And when I give those lines, I get a rousing cheer and often a standing ovation saying, the government -- it's none of your damn business what you do on your phone or with your phone records. And so I think the people outside of Washington are different than people in Washington.

GLENN: I know that.

RAND: I'll give you another quick example. I had an amendment that said, no more American tax dollars through foreign aid to countries that persecute Christians. Countries that put Christians to death or put Christians in jail for life. For blasphemy. Interfaith marriage. Or apostasy. And I lost the vote 18-2. Eighteen people in Washington said we should continue it. Two said no. But if I poll that question anywhere in America, it's 99 percent of Americans say, hell, no, we shouldn't send our money to countries that persecute Christians.

GLENN: That's unbelievable. But that would include China as well. I mean, that is -- you want to talk about picking a fight, and God bless you for doing it, but that's a fight-picking question.

RAND: And here's the interesting thing, as rich as China is and as much as we have a trade deficit with them, we do send money to China. Not foreign aid. We send them economic development assistance. Because they really need some economic development over there.

GLENN: Yeah, don't they? Yesterday, the Senate passed a bill that would require congressional authorization on any deal the president would make with Iran. Is the House -- it's going over to the House. Will the House pass this, and does this have any teeth?

RAND: It's a big victory in this sense. The president for the last six months to a year is saying, we don't get any say. He's been he's going to send it directly to the UN. He's been saying, this is an agreement and there's no congressional authority at all. Well, when enough Democrats told him otherwise, all the Republicans were saying otherwise, but when enough Democrats got on board and he knew he would have his veto overturned, he changed his tune, support the bill, and it passed 99-1. Can it stop him? The only thing that can stop him, the only thing that can do anything to the president when you disagree with him is 67 votes. Because it takes 67 votes to overturn a veto. So some people are complaining whether this is disapproval or approval. The bottom line is, any scenario that you want to stop a president that disagrees with you on any piece of legislation or any kind of foreign agreement, it takes 67 votes. But the fact that this was 99-1, there is a chance that there could be 67 votes saying the deal with Iran is not a good deal. This is a good bipartisan way of getting to the next step. Which is, if we were to get rebuked with more than 67 votes, it would be the end of the presidency. He would get nothing done the rest of the year and he would be completely without any capacity to get anything done, which would be good for the country.

PAT: Why is that the case? Why would one vote like that, shut him down so badly?

RAND: I think it's because it's very, very rare that people don't vote in partisan lockstep. So I think if there were a vote that rebuked him. This one was a rebuke, but he changed his mind and said I'm for it. But if the Iranian deal comes forward and people have doubts -- and this is my biggest doubt is that the Iranians are not sincere, credible partners because they tweet out in English the opposite of what apparently the Americans say the agreement means. The other thing that concerns me is when the president's spokesman comes forward, Josh Earnest, comes forward and says, oh, well, it looks like -- yeah, they'll continue to probably be involved with terrorism after they sign this agreement. It makes you wonder, doesn't it, whether or not we're having a sincere two-party agreement here. But I think if that's shot down and the Democrats say this also, it really goes to the heart of whether the president really leads his party anymore.

GLENN: Let me talk to you a little about freedom of speech. And what happened here in Texas. The media was all for the cartoonists in France. And so was I. Even though I disagreed with the cartoons. I personally don't think we should be mocking each other's religion. Those were very offensive cartoons. But they have a right to do it. And so I stood by them. And I stand by them. Same thing with Pamela Geller. I don't necessarily agree with the cartoon contest. And I wouldn't have, you know, done that myself. But she has a right to do that.

The press is coming after Pamela Geller. And saying that, you know, she was just inciting hatred and that it was not freedom of speech. Any comment on that?

RAND: Well, you know, I like the pundits or the constitutional critics that say the First Amendment really isn't about easy speech. It's about speech you find despicable. It's about speech you find offensive. That's the hard thing to allow that to happen in a free society. And I agree with you. I think it doesn't serve any purpose. You can talk about the First Amendment without doing things that are really offensive to other people's religion. But in our country, that's part of one of our basic freedoms is the right to be wrong. The right to be offensive. And the right to say things that people find despicable. Now, you don't you have to pay for them. You don't have to have them in your building, if it's your building.

GLENN: It's the Westboro Baptist Church. It's the Westboro Baptist Church.

RAND: Exactly.

GLENN: I despise the Westboro Baptist Church. But they have a right to say what they want to say. I don't have to listen to them. I don't have I don't want to have them over for dinner. But they have a right to say it.

RAND: Yeah, and that's the hard part about the First Amendment. Because it's easy if I'm saying, hey, what a great guy Glenn Beck is. You love my First Amendment rights. But if I'm criticizing you, it's a little harder. But that's what the First Amendment is about.

GLENN: Right. Let me play a piece of audio here that we found in Al Sharpton. He said this a couple of days ago. This is extraordinarily disturbing to me because of the way we have militarized our police and the way these riots now are being coordinated by people like Al Sharpton. But I want you to listen to what he said when he was talking about the riots in the streets of Baltimore and how they're going to spread.

AL: -- all over the country, which is why we're going to do this march from here to Washington. We need the Justice Department to step in and take over policing in this country. In the 20th century, they had to fight states' rights and to get the right to vote. We're going to have to fight states' rights in terms of closing down police cases. Police must be held accountable.

GLENN: Okay. So here's what he said in case you couldn't understand him. He said. These things are going to happen all around the country. Because it is time we get the Justice Department to take over policing in America. We had to fight states' rights to get the right to vote. Now we need to fight states' rights on policing.

RAND: Well, the interesting thing is, there was a time in our history when, you know, the South was all white and African-Americans were mistreated. And there was a role for the federal government to get involved at one point. This now is not a racial problem because all the government in Baltimore was African-American. And the rioting also. So I don't think the federal government being involved -- I do think there's a problem in our criminal justice system. There's a problem -- we have -- and there's no silver bullet. There's a variety of problems. But there's no excuse for violence or rioting. And the primary thing you have to do in the early stages. You have to have security of people's, you know, person as well as their property. And then over time though, I do want to be part of the dialogue, because I'll tell you one quick story. And this story I think represents why some people and a lot of people in our society feel like they're not being treated fairly.

Kalief Browder was a 16-year-old black kid in the Bronx arrested and kept for three years in prison. He was accused of -- an illegal immigrant. Illegal alien. And he spent three years in jail and was never tried for his crime. Tried to commit suicide. Was kept in solitary confinement. You can see if you're his parents and his friends, you would think something is wrong in America. So that kind of stuff does need to be fixed, and it's part of the unease.

GLENN: Senator, I have to go. Thank you so much. I appreciate your time with us. Senator Rand Paul. You bet.

Episode 6 of Glenn’s new history podcast series The Beck Story releases this Saturday.

This latest installment explores the history of Left-wing bias in mainstream media. Like every episode of this series, episode 6 is jam-packed with historical detail, but you can’t squeeze in every story, so some inevitably get cut from the final version. Part of this episode involves the late Ben Bradlee, who was the legendary editor of the Washington Post. Bradlee is legendary mostly because of the Watergate investigation that was conducted on his watch by two young reporters named Bob Woodward and Carl Bernstein. Bradlee, Woodward, and Bernstein became celebrities after the release of the book and movie based on their investigation called All the President’s Men.

But there is another true story about the Washington Post that you probably won’t see any time soon at a theater near you.

In 1980, Washington Post editor Ben Bradlee wanted to expand the Post’s readership in the black community. The paper made an effort to hire more minority journalists, like Janet Cooke, a black female reporter from Ohio. Cooke was an aggressive reporter and a good writer. She was a fast-rising star on a staff already full of stars. The Post had a very competitive environment and Cooke desperately wanted to win a Pulitzer Prize.

Readers were hooked. And outraged.

When Cooke was asked to work on a story about the D.C. area’s growing heroin problem, she saw her chance to win that Pulitzer. As she interviewed people in black neighborhoods that were hardest hit by the heroin epidemic, she was appalled to learn that even some children were heroin addicts. When she learned about an eight-year-old heroin addict named Jimmy, she knew she had her hook. His heartbreaking story would surely be her ticket to a Pulitzer.

Cooke wrote her feature story, titling it, “Jimmy’s World.” It blew away her editors at the Post, including Bob Woodward, who by then was Assistant Managing Editor. “Jimmy’s World” would be a front-page story:

'Jimmy is 8 years old and a third-generation heroin addict,' Cooke’s story began, 'a precocious little boy with sandy hair, velvety brown eyes and needle marks freckling the baby-smooth skin of his thin brown arms. He nestles in a large, beige reclining chair in the living room of his comfortably furnished home in Southeast Washington. There is an almost cherubic expression on his small, round face as he talks about life – clothes, money, the Baltimore Orioles and heroin. He has been an addict since the age of 5.'

Readers were hooked. And outraged. The mayor’s office instructed the police to immediately search for Jimmy and get him medical treatment. But no one was able to locate Jimmy. Cooke wasn’t surprised. She told her editors at the Post that she had only been able to interview Jimmy and his mother by promising them anonymity. She also revealed that the mother’s boyfriend had threatened Cooke’s life if the police discovered Jimmy’s whereabouts.

A few months later, Cooke’s hard work paid off and her dream came true – her story was awarded the Pulitzer Prize for feature writing. Cooke had to submit some autobiographical information to the Prize committee, but there was a slight snag. The committee contacted the Post when they couldn’t verify that Cooke had graduated magna cum laude from Vassar College. Turns out she only attended Vassar her freshman year. She actually graduated from the University of Toledo with a B.A. degree, not with a master’s degree as she told the Pulitzer committee.

Cooke’s editors summoned her for an explanation. Unfortunately for Cooke and the Washington Post, her resume flubs were the least of her lies. After hours of grilling, Cooke finally confessed that “Jimmy’s World” was entirely made up. Jimmy did not exist.

The Pulitzer committee withdrew its prize and Cooke resigned in shame. The Washington Post, the paper that uncovered Watergate – the biggest political scandal in American history – failed to even vet Cooke’s resume. Then it published a front-page, Pulitzer Prize-winning feature story that was 100 percent made up.

Remarkably, neither Ben Bradlee nor Bob Woodward resigned over the incident. It was a different time, but also, the halo of All the President’s Men probably saved them.

Don’t miss the first five episodes of The Beck Story, which are available now. And look for Episode 6 this Saturday, wherever you get your podcasts.


UPDATED: 5 Democrats who have endorsed Kamala (and one who hasn't)

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With Biden removed from the 2024 election and only a month to find a replacement before the DNC, Democrats continue to fall in line and back Vice President Kamala Harris to headline the party's ticket. Her proximity and familiarity with the Biden campaign along with an endorsement from Biden sets Harris up to step into Biden's shoes and preserve the momentum from his campaign.

Glenn doesn't think Kamala Harris is likely to survive as the assumed Democratic nominee, and once the DNC starts, anything could happen. Plenty of powerful and important Democrats have rallied around Harris over the last few days, but there have been some crucial exemptions. Here are five democrats that have thrown their name behind Harris, and two SHOCKING names that didn't...

Sen. Dick Durbin: ENDORSED

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High-ranking Senate Democrat Dick Durbin officially put in his support for Harris in a statement that came out the day after Biden stepped down: “I’m proud to endorse my former Senate colleague and good friend, Vice President Kamala Harris . . . our nation needs to continue moving forward with unity and not MAGA chaos. Vice President Harris was a critical partner in building the Biden record over the past four years . . . Count me in with Kamala Harris for President.”

Michigan Gov. Whitmer: ENDORSED

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The Monday after Biden stepped down from the presidential VP hopeful, Gretchen Whitmer released the following statement on X: “Today, I am fired up to endorse Kamala Harris for president of the United States [...] In Vice President Harris, Michigan voters have a presidential candidate they can count on to focus on lowering their costs, restoring their freedoms, bringing jobs and supply chains back home from overseas, and building an economy that works for working people.”

Rep. Alexandria Ocasio-Cortez: ENDORSED

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Mere hours after Joe Biden made his announcement, AOC hopped on X and made the following post showing her support: "Kamala Harris will be the next President of the United States. I pledge my full support to ensure her victory in November. Now more than ever, it is crucial that our party and country swiftly unite to defeat Donald Trump and the threat to American democracy. Let’s get to work."

Rep. Nancy Pelosi: ENDORSED

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Former Speaker Nancy Pelosi, who is arguably one of the most influential democrats, backed Harris's campaign with the following statement given the day after Biden's decision: “I have full confidence she will lead us to victory in November . . . My enthusiastic support for Kamala Harris for President is official, personal, and political.”

Sen. Elizabeth Warren: ENDORSED

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Massasschesets Senator Elizabeth Warren was quick to endorse Kamala, releasing the following statement shortly after Harris placed her presidential bid: "I endorse Kamala Harris for President. She is a proven fighter who has been a national leader in safeguarding consumers and protecting access to abortion. As a former prosecutor, she can press a forceful case against allowing Donald Trump to regain the White House. We have many talented people in our party, but Vice President Harris is the person who was chosen by the voters to succeed Joe Biden if needed. She can unite our party, take on Donald Trump, and win in November."

UPDATED: Former President Barack Obama: ENDORSED

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Former President Barack Obama wasted no time releasing the following statement which glaringly omits any support for Harris or any other candidate. Instead, he suggests someone will be chosen at the DNC in August: "We will be navigating uncharted waters in the days ahead. But I have extraordinary confidence that the leaders of our party will be able to create a process from which an outstanding nominee emerges. I believe that Joe Biden's vision of a generous, prosperous, and united America that provides opportunity for everyone will be on full display at the Democratic Convention in August. And I expect that every single one of us are prepared to carry that message of hope and progress forward into November and beyond."

UPDATED: On Friday, July 26th Barack and Michelle Obama officially threw their support behind Harris over a phone call with the current VP:

“We called to say, Michelle and I couldn’t be prouder to endorse you and do everything we can to get you through this election and into the Oval Office.”

The fact that it took nearly a week for the former president to endorse Kamala, along with his original statement, gives the endorsement a begrudging tone.

Prominent Democratic Donor John Morgan: DID NOT ENDORSE

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Prominent and wealthy Florida lawyer and democrat donor John Morgan was clearly very pessimistic about Kamala's odds aginst Trump when he gave the following statement: “You have to be enthusiastic or hoping for a political appointment to be asking friends for money. I am neither. It’s others turn now . . . The donors holding the 90 million can release those funds in the morning. It’s all yours. You can keep my million. And good luck . . . [Harris] would not be my first choice, but it’s a done deal.”

How did Trump's would-be assassin get past Secret Service?

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Editor's Note: This article was originally published on TheBlaze.com.

Former President Donald Trump on Saturday was targeted in an assassination attempt during a campaign rally in Pennsylvania. It occurred just after 6:10 p.m. while Trump was delivering his speech.

Here are the details of the “official” story. The shooter was Thomas Matthew Crooks. He was 20 years old from Bethel Park, Pennsylvania. He used an AR-15 rifle and managed to reach the rooftop of a nearby building unnoticed. The Secret Service's counter-response team responded swiftly, according to "the facts," killing Crooks and preventing further harm.

Did it though? That’s what the official story says, so far, but calling this a mere lapse in security by Secret Service doesn't add up. There are some glaring questions that need to be answered.

If Trump had been killed on Saturday, we would be in a civil war today. We would have seen for the first time the president's brains splattered on live television, and because of the details of this, I have a hard time thinking it wouldn't have been viewed as JFK 2.0.

How does someone sneak a rifle onto the rally grounds? How does someone even know that that building is there? How is it that Thomas Matthew Crooks was acting so weird and pacing in front of the metal detectors, and no one seemed to notice? People tried to follow him, but, oops, he got away.

How could the kid possibly even think that the highest ground at the venue wouldn't be watched? If I were Crooks, my first guess would be, "That’s the one place I shouldn't crawl up to with a rifle because there's most definitely going to be Secret Service there." Why wasn't anyone there? Why wasn't anyone watching it? Nobody except the shooter decided that the highest ground with the best view of the rally would be the greatest vulnerability to Trump’s safety.

Moreover, a handy ladder just happened to be there. Are we supposed to believe that nobody in the Secret Service, none of the drones, none of the things we pay millions of dollars for caught him? How did he get a ladder there? If the ladder was there, was it always there? Why was the ladder there? Secret Service welds manhole covers closed when a president drives down a road. How was there a ladder sitting around, ready to climb up to the highest ground at the venue, and the Secret Service failed to take it away?

There is plenty of video of eyewitnesses yelling that there was a guy with a rifle climbing up on a ladder to the roof for at least 120 seconds before the first shot was fired. Why were the police looking for him while Secret Service wasn't? Why did the sniper have him in his sights for over a minute before he took a shot? Why did a cop climb up the ladder to look around? When Thomas Matthew Cooks pointed a gun at him, he then ducked and came down off the ladder. Did he call anyone to warn that this young man had a rifle within range of the president?

How is it the Secret Service has a female bodyguard who doesn't even reach Trump's nipples? How was she going to guard the president's body with hers? How is it another female Secret Service agent pulled her gun out a good four minutes too late, then looked around, apparently not knowing what to do? She then couldn't even get the pistol back into the holster because she's a Melissa McCarthy body double. I don't think it's a good idea to have Melissa McCarthy guarding the president.

Here’s the critical question now: Who trusts the FBI with the shooter’s computer? Will his hard drive get filed with the Nashville manifesto? How is it that the Secret Service almost didn't have snipers at all but decided to supply them only one day before the rally because all the local resources were going to be put on Jill Biden? I want Jill Biden safe, of course. I want Jill Biden to have what the first lady should have for security, but you can’t hire a few extra guys to make sure our candidates are safe?

How is it that we have a Secret Service director, Kimberly Cheatle, whose experience is literally guarding two liters of Squirt and spicy Doritos? Did you know that's her background? She's in charge of the United States Secret Service, and her last job was as the head of security for Pepsi.

This is a game, and that's what makes this sick. This is a joke. There are people in our country who thought it was OK to post themselves screaming about the shooter’s incompetence: “How do you miss that shot?” Do you realize how close we came to another JFK? If the president hadn't turned his head at the exact moment he did, it would have gone into the center of his head, and we would be a different country today.

Now, Joe Biden is also saying that we shouldn't make assumptions about the motive of the shooter. Well, I think we can assume one thing: He wanted to kill the Republican presidential candidate. Can we agree on that at least? Can we assume that much?

How can the media even think of blaming Trump for the rhetoric when the Democrats and the media constantly call him literally worse than Hitler who must be stopped at all costs?

These questions need to be answered if we want to know the truth behind what could have been one of the most consequential days in U.S. history. Yet, the FBI has its hands clasped on all the sources that could point to the truth. There must be an independent investigation to get to the bottom of these glaring “mistakes.”

POLL: Do you think Trump is going to win the election?

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It feels like all of the tension that has been building over the last four years has finally burst to the surface over the past month. Many predicted 2024 was going to be one of the most important and tumultuous elections in our lifetimes, but the last two weeks will go down in the history books. And it's not over yet.

The Democratic National Convention is in August, and while Kamala seems to be the likely candidate to replace Biden, anything could happen in Chicago. And if Biden is too old to campaign, isn't he too old to be president? Glenn doesn't think he'll make it as President through January, but who knows?

There is a lot of uncertainty that surrounds the current political landscape. Trump came out of the attempted assassination, and the RNC is looking stronger than ever, but who knows what tricks the Democrats have up their sleeves? Let us know your predictions in the poll below:

Is Trump going to win the election?

Did the assassination attempt increase Trump's chances at winning in November?

Did Trump's pick of J.D. Vance help his odds?

Did the Trump-Biden debate in June help Trump's chances?

Did Biden's resignation from the election hand Trump a victory in November? 

Do the Democrats have any chance of winning this election?