Sen. John Fetterman (D-PA) said Sunday on CNN that President-elect Donald Trump is trolling Democrats with his cabinet picks so far and that he's trying to get his political opponents to freak out.
"State of the Union" host Jake Tapper asked, “You have said that Democrats shouldn’t be ‘freaking out over every single thing Trump does.’ Are you freaking out at all about any of these cabinet picks, I wonder?”
Fetterman said, “There are some that I would be excited to vote for, like my colleague from Florida or the representative from New York, of course. Then there are others that are just absolute trolls, just like Gaetz and those things. That’s why, you know, Democrats, you know, like Trump, that gets the kind of thing that he wanted. You know, like the freakout and all of those things.”
Fetterman's point is that some of the things Trump does are for shock value or to get attention, and that he thinks Democrats need to be better at not giving it to him.
He continued, “It’s still not even not even Thanksgiving yet. And if we’re having meltdowns, you know, every tweet or every appointment or all those things, I mean, it’s going to be four years.”
Fetterman pointed out before the election that Trump was strong in Pennsylvania and predicted he could win the state, even though polls were extremely close.
He said to Tapper, “I’ve also claimed that Trump is the strongest, that he’s been in the three cycles here. And now things that were really unique that happened the assassination attempt that was in Butler, that’s 45 minutes from where we’re sitting right now.”
Trump's polls took a significant leap when a gunman tried to assassinate him on stage during a Butler, Pennslyvania rally on July 13.
While there was initial excitement for Vice President Kamala Harris as the Democrat nominee to replace an obviously failing President Joe Biden, there proved to be no substance there and voters were just not willing to support her.
Fetterman has been an odd man out among Democrats at times since being elected in 2022 despite having a major stroke just months earlier.
He has spoken out in strong support of Israel when many in his party wanted to disavow its war on Hamas.
Prior to the election, he expressed his belief that Biden, and then Harris, would win while warning that Trump was stronger than expected in his state.
He has always marched to the beat of his own drummer--for instance, he usually wears hoodies and athletic shorts even while conducting official business instead of suits and ties.
He's a unique voice among Democrats, and makes sense a little more often than most of them, even if he's totally wrong about others.
Already sitting in jail awaiting trial on sex trafficking charges, Sean “Diddy” Combs now stands accused of additional conduct that prosecutors say should derail his latest attempt to secure bail.
The latest allegations against Combs came in a Friday filing made by federal prosecutors who stated that the music mogul has been working to contact potential witnesses and sway public sentiment ahead of trial, as Breitbart reports.
As ABC News reports, just last week, Combs made yet another to secure pre-trial release, offering what was described as a “far more robust” bail package.
In his filing, Combs stated that the federal case mounted against him is “thin” and suggested that the terms of his latest offer are more than sufficient to ensure his appearance at all future proceedings.
Combs, through his attorneys, has offered to remain subject to home detention supervised by 24-hour security monitoring.
His legal team also asserted that Combs would have “near-total restrictions” on his ability to make contact with anyone other than his own lawyers.
The latest bid for pre-trial freedom comes after the presiding judge in his case already denied the rapper, producer, and entrepreneur's release on bail due to findings that he remained a danger to the community and was likely to make attempts to obstruct justice and intimidate potential witnesses against him.
Despite what Combs' team says is a beefed-up bail proposal, prosecutors in the case continue to stand in staunch opposition to his potential release.
In a court filing last week, the government revealed that a review of jailhouse phone calls made by Combs indicated that he has requested that family members reach out to possible victims and witnesses.
Prosecutors also suggested that Combs has asked relatives to develop “narratives” and marketing ploys that might succeed in persuading public opinion in his favor.
The filing stated, “The defendant has shown repeatedly -- even while in custody -- that he will flagrantly and repeatedly flout rules in order to improperly impact the outcome of his case. The defendant has shown, in other words, that he cannot be trusted to abide by rules or conditions.”
A hearing on Combs' proposed $50 million bail package is scheduled to take place next week.
It was back in September that Combs was indicted on charges that include racketeering, sex trafficking by force, as well as facilitating transportation for the purposes of prostitution, as ABC noted, with counts relating to narcotics offenses, arson, bribery, kidnapping, and more also in the mix.
The government's indictment claims that Combs “abused, threatened, and coerced women and others around him to fulfill his sexual desires, protect his reputation, and conceal his conduct, and though the disgraced music industry phenom has pleaded not guilty, it will be up to a jury to render a verdict when the trial -- now scheduled for May -- finally gets underway.
Democratic lawmakers have ordered former House Speaker Nancy Pelosi to quit the public gripes about the party's failures, the UK Daily Mail reported. Pelosi has been denigrating her side after losing the White House and the Congress to the GOP.
The 84-year-old California Democrat has ruffled the feathers of her fellow lawmakers over her public tirades. These Democrats, who spoke to Axios on the condition of anonymity, believe it's harmful to the party and disrespectful to House Minority Leader Hakeem Jeffries.
"She needs to take a seat. Making scattershot comments is not just unhelpful, it's damaging," a veteran Democratic lawmaker told the news outlet.
A member of the Congressional Black Caucus took umbrage with her treatment of Jeffries. "Hakeem has been tremendously graceful and respectful of her, but I don't think she is being respectful of him," the person said.
Although Pelosi hasn't been in leadership in two years, her outsized power is still apparent to House Democrats. They have been under her thumb for over 20 years, and she hasn't backed off that position as she'd promised when stepping away from leadership.
That fact has caused serious conflicts within the party as Pelosi airs its dirty laundry while also being a decision-maker. For instance, Pelosi was instrumental in getting President Joe Biden to step down from his reelection bid.
"We just have to win the election," Pelosi said at the time when pushing Biden aside. Many others in the party were happy about this move then, but the decision ultimately proved damaging to the Democratic Party.
However, during an interview with The New York Times for an election postmortem, Pelosi pinned the blame on President Joe Biden. She charged that "there may have been other candidates in the race" had he gotten out of the race sooner.
Instead, they were stuck with the unpopular Vice President Kamala Harris as his replacement, but the events that got them there started with Pelosi. Democrats across the U.S. went down in a decisive defeat, in part because voters chose President-elect Donald Trump and the down-ballot Republicans.
While Pelosi continues to throw her weight around, Jeffries looks like an ineffective leader for his party while falling on his sword for the Democratic Party. Pelosi has been supportive of Jeffries in what she has to say publicly as well.
A spokesperson for Pelosi said she is "immensely proud of Leader Hakeem Jeffries and his masterful stewardship of the House Democratic Caucus" in a statement to Axios. "We all should praise the excellent progress made by House Democrats under his leadership."
In the same Times interview where Pelosi dragged Biden, she acknowledged Jeffries' success. "He did a masterful job in New York in this election," Pelosi told the New York Times.
When the dust settled, Democrats picked up three seats in Jeffries' home state of New York, while Pelosi's California lost five seats. Jeffries said that "the buck stops with me" to members of the Congressional Black Caucus, but it appears Pelosi is still pulling party strings while allowing Jeffries to take the blame.
This in-fighting among Democrats is a sign that the party is in shambles. Rather than let the newer leaders take over and fix things, Pelosi is still holding on to power with all of her might.
Senate Republicans warned the Department of Justice in a letter to preserve special counsel Jack Smith's records pertaining to the prosecution of President-elect Donald Trump, Fox News reported. They cited "improper conduct of the past" as the impetus for the letter.
Smith was behind federal investigations against Trump, including the classified documents case that was tossed out. Others are expected to become irrelevant with Trump's win, including Smith's 2020 election interference cases.
Now, lawmakers are about to turn the tables and investigate Smith, and they are taking no chances. In a letter to Attorney General Merrick Garland, FBI Director Christopher Wray, and Smith, Republican senators warned them to keep their records.
Sens. Ron Johnson (R-WI) and Chuck Grassley (R-IA) drew on their experience in 2020 when personnel involved in then-Special Counsel Robert Mueller's investigation "wiped" their devices. "The improper conduct of the past cannot be repeated in this matter; therefore, all records must be preserved so that Congress can perform an objective and independent review."
According to an earlier Fox News report, the House Judiciary Committee Chairman Jim Jordan (R-OH) and Rep. Barry Loudermilk (R-GA) sent a similar missive to Smith on Nov. 8. "The Committee on the Judiciary is continuing its oversight of the Department of Justice and the Office of Special Counsel," the lawmakers wrote.
"According to recent public reports, prosecutors in your office have been ‘gaming out legal options’ in the event that President Donald Trump won the election. With President Trump’s decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information," the letter said.
Congress just sent a letter to Jack Smith and told him to “preserve his records”. 🚨
As I have stated before, Jack Smith, Letitia James and Fani Willis all have a greater chance of going to prison than Donald Trump ever did.
This is getting SPICY! 🍿 pic.twitter.com/UrpEwKnN7S
— Steve 🇺🇸 (@SteveLovesAmmo) November 8, 2024
Jordan and Loudermilk first submitted their request for records in June 2023 pertaining to Smith's use of the FBI in his investigation against Trump. They demanded to know if the feds assigned had "previously worked on any other matters concerning President Trump."
They continued their pursuit in August and September of that year, adding the names of other officials along the way. Now, they're reminding Smith that he's "not immune from transparency or above accountability for its actions" and will have until Nov. 22, 2024 to comply.
It seems lawmakers are intent on ensuring that there is no repeat of past "mistakes" that hindered a probe into Mueller's investigation. He was in charge of investigating supposed Russian collusion with Trump during the 2016 election, a claim which has been proven false.
Somehow, when it came time to scrutinize the investigation, it turned out that Mueller's assistant, Andrew Weissman, had "accidentally wiped" his phone in March 2018 after trying to enter his password too many times. James Quarles, an attorney on the team, said his phone "wiped itself" mysteriously as well.
Most tellingly, former FBI attorney Lisa Page's phone also somehow underwent a factory reset by the time the Inspector General's office got ahold of it. The phone was the same one she used to text then-FBI agent Peter Strzok, who was working on the investigation.
Leaked text messages between the pair revealed they shared a mutual hatred for Trump even as their agency was investigating him. NBC News reported that they called Trump an "idiot" and a "loathsome human." Both expressed that Trump winning in 2016 would be "terrifying."
Smith's charges are becoming irrelevant following favorable decisions for Trump and his recent electoral win. However, Congress must remain vigilant about looking into the people and investigations that seemed to be aimed solely at taking Trump down.
The FBI raided the home of Polymarket CEO Shayne Coplan a week after the betting platform predicted the runaway win for President-elect Donald Trump, the New York Post reported. Law enforcement recovered a cellphone and other electronic devices from the 26-year-old's Manhattan apartment.
Agents descended on Coplan's home around 6 a.m. Wednesday, demanding he turn over the devices. According to the Post's exclusive report, a source called this raid "grand political theater at its worst" and similar to what made Trump furious when they did it to him.
"They could have asked his lawyer for any of these things. Instead, they staged a so-called raid so they can leak it to the media and use it for obvious political reasons," the source added.
There's no word on what the feds were after, but the source believes it had to do with the correct call on Trump's easy win against Vice President Kamala Harris. "This is obvious political retribution by the outgoing administration against Polymarket for providing a market that correctly called the 2024 presidential election," the person told the Post.
Polymarket correctly called the presidential race early on Election Day. The events-based trading platform had Trump's odds at 58.6% compared to Harris' at just 41.4%.
This was a departure from the dead heat the rest of the pollsters were predicting heading into Nov. 5, and the feds may suspect market manipulation or election interference. However, the company insists that everything about its forecasting is above board.
"Polymarket is a fully transparent prediction market that helps everyday people better understand the events that matter most to them, including elections," a representative for the company said. "We charge no fees, take no trading positions, and allow observers from around the world to analyze all market data as a public good," the spokesperson added.
Notably, Polymarket received a cash injection of $70 million from Trump friend Peter Thiel. There are also photographs of Coplan and Donald Trump Jr., which could hint at a possible friendship between the two.
It's possible that given this political climate, people who are friendly with the Trump family automatically have targets on their backs. After all, the FBI raided Trump's private home in August 2022 over allegedly mishandled classified documents while he was already cooperating with the feds, and this could be a similar operation against Coplan.
Coplan admonished President Joe Biden's administration for the raid. "It’s discouraging that the current administration would seek a last-ditch effort to go after companies they deem to be associated with political opponents," Coplan posted to X, formerly Twitter, Thursday.
"We are deeply committed to being non-partisan, and today is no different, but the incumbents should do some self-reflecting and recognize that taking a more pro-business, pro-startup approach may be what would have changed their fate this election. Polymarket has provided value to 10's of millions of people this election cycle, while causing harm to nobody. We're deeply proud of that," he added.
It’s discouraging that the current administration would seek a last-ditch effort to go after companies they deem to be associated with political opponents. We are deeply committed to being non-partisan, and today is no different, but the incumbents should do some self-reflecting…
— Shayne Coplan 🦅 (@shayne_coplan) November 13, 2024
In 2022, Polymarket stopped doing business in the U.S. after the company was fined $1.4 million for failing to register with the Commodity Futures Trading Commission. Coplan announced just a week before the raid that the company would return to trading stateside, though some were able to continue using the platform with a VPN.
It's unclear what the raid was about, but it wouldn't be the first time Biden's administration went after a political opponent if Coplan is right. Hopefully, Trump's recent election will prevent lawfare in the future.
YouTube star Andre Beadle has died after flipping his BMW X5 in a car crash on Nov. 6, the UK Daily Mail reported. The 25-year-old Bronx native was driving "at a high rate of speed" at the time of the accident in an apparent street race.
The accident occurred on a section of highway in Queens near JFK Airport. Beadle was careening down the road when he lost control of the vehicle and crashed into an Acura.
Beadle was ejected from the purple BMW during the crash and landed on the ground, sustaining serious injuries. Despite emergency medical personnel responding quickly, Beadle was later pronounced dead at a hospital. A 21-year-old riding with Beadle was not injured, nor was the driver of the Acura.
Investigators are still trying to piece together what led to the crash. However, Beadle was known for sharing videos of his street racing meetups that often took place on roads just like the one where he would lose his life.
Beadle had thousands of subscribers on his 1Stockf30 YouTube channel. He also posted videos of his street races with his luxury vehicles on other platforms, such as TikTok and Instagram, where he had some 251,000 followers.
Just hours before his death, Beadle uploaded a video to YouTube that showed him working on the BMW before heading out on the same road where he would meet his demise. "We outside prepping late at night. We getting ready," Beadle can be heard saying.
According to CBS, his brother Alico Beadle claimed Andre Beadle mainly raced on designated tracks. "He crash on a track a couple months ago, and then it was a pretty bad accident, too," Alico Beadle said.
"But the barriers and all that, he had a helmet and all that, saved him. But this one, just, I don't know," Alico Beadle added.
Family, friends, and fans remembered Andre Beadle at a memorial service on Nov. 8 at Haffen Park, located in the Bronx and not far from where the deceased man had lived. His mother, Everith McCray, spoke of her son's fondness for all things automotive.
"He loved cars. He talked about cars every day. That's what he do: Cars, cars, cars," McCray said.
A massive crowd turned out for the remembrance, which included a balloon release in Andre Beadle's honor. McCray was touched to see so many people there for her son's final farewell.
“Everybody loved him. Look at this gathering. He was a kind and loving son. He was always smiling. It’s devastating, just devastating," his mother said.
The young man was a star because of his adventurous spirit and love of fast cars. Sadly, it was the sport that defined him that ultimately took his life.
Vivek Ramaswamy and Jane Timken have emerged as possible replacements for Vice President-elect J.D. Vance's U.S. Senate seat. Ohio Gov. Mike DeWine will choose who will fill the seat until a 2026 special election.
With President-elect Donald Trump's win, the political landscape is about to be completely overhauled. Part of that includes figuring out who will replace Vance next year.
DeWine will likely choose someone who most reflects Trump's values rather than the old-guard GOP. Ramaswamy has made a name for himself with his steadfast support for Trump while Timken is mainstay in the state Republican Party.
Whoever the replacement is will have to win the vote in 2026 and face reelection again in 2028. Nevertheless, there's no shortage of solid candidates at the ready.
Vance is a freshman Senator just elected in 2022 and hasn't publicly stated who he would like to take over for him. "I'm much too superstitious to think about that now," Vance said ahead of Election Day. Sen. Bernie Moreno, Ohio's other U.S. Senator who was just elected, echoed similar sentiments.
"That sounds like a problem for January 21. That’s not for today," Moreno said at an event where he appeared alongside Ramaswamy.
Ramaswamy seems like a strong contender, given his breakout success as a pro-Trump voice in politics, even if his presidential run was unsuccessful. The 39-year-old businessman represents the new focus of the GOP, and it's adherence to the Make America Great Again agenda.
"What’s happened in America, and what we’re going to fix, is the greatest demasculinization in US history. It starts with our economy. The first generation who will pay into systems like social security and not get paid out is actually sitting in front of me today," Ramaswamy said.
One person close to the matter believes Vivek is simply "going to be" the replacement for Vance. "DeWine isn’t going to like it, but Trump is the one who’s gonna make the call. And DeWine will take that call," the person said.
Timken's name is also at the top of the list as a possible replacement. She is the former chair for the Ohio Republican Party and, according to The Hill, a party insider said she would be attractive to DeWin as a "bridge builder."
However, like Ramaswamy, Timken has yet to prove her electoral chops as she placed fifth in the primary where Vance became the GOP's nominee. While this may be a concern for the 2028 election, Timken is a safer choice who is more likely to get along with the establishment.
Unfortunately, one source close to the matter thinks that may be a liability for her. "Jane makes all the sense in the world. … But that’s also why she maybe won’t get it," one operative said.
"She makes sense as the favorite on paper," the source added. Others said to be on DeWine's list include Ohio's GOP Rep. Mike Carey, Attorney General Dave Yost, and the state's Supreme Court Chief Justice Sharon Kennedy.
It's unclear who DeWine will choose, but the decision will be important for the party's future. At least the modern Republican Party has no shortage of strong candidates who will support Trump's agenda.
President-elect Donald Trump said on X on Saturday that he thinks the GOP should do “whatever we can do to help" the Kamala Harris campaign, which ended its failed bid for the White House with $20 million in debt.
“I am very surprised that the Democrats, who fought a hard and valiant fight in the 2020 Presidential Election, raising a record amount of money, didn’t have lots of $’s left over,” Trump wrote.
“Now they are being squeezed by vendors and others. Whatever we can do to help them during this difficult period, I would strongly recommend we, as a Party and for the sake of desperately needed UNITY, do,” he continued, “We have a lot of money left over in that our biggest asset in the campaign was 'Earned Media,' and that doesn’t cost very much. MAKE AMERICA GREAT AGAIN!"
Harris raised over $1 billion in just the 100 or so days she was the Democrat nominee, while Trump only raised $853 million in all of 2024.
Despite the disparity in fundraising, Trump didn't have much trouble winning the election. His post was the closest he has gotten to gloating so far.
A big part of Harris's spending in the last days before the election was due to campaign events that involved rallies that were really concerts meant to draw a lot of people in a way no one believed Harris could do on her own.
The concerts from Jon Bon Jovi, Katy Perry and Lady Gaga cost about $20 million, and apparently haven't yet been paid for.
Harris also spent six figures on the set of her "Call Her Daddy" podcast appearance, which didn't give her nearly the bang for her buck that Trump's Joe Rogan podcast appearance gave him.
Another million dollars went to Oprah Winfrey's Harpo Studios.
It just goes to show that it didn't matter how much money Harris and the Democrats threw at voters, she wasn't going to get elected--and not because she's Black or a woman.
Harris did not appear to be qualified to be president. She didn't even appear to be genuine.
Maybe it's just how she presented herself--which could certainly be different from who she actually is.
The likelihood is that she's been a politician so long that nothing real is left in her mind heard.
In any case, the American public saw through it and elected Trump, even though a lot of people didn't really like him that much either.
Though liberals across the country are doing their best to deny it, Tuesday's election represented to many a political shift the likes of which the United States has not seen in decades.
One prominent voice who has not only acknowledged the nation's realignment but seemingly also welcomed it is filmmaker and former teen star Justine Bateman, who declared, as Breitbart reports, that the “Woke Party” has earned its place in the “American political graveyard.”
Considering her noteworthy Hollywood pedigree, which took root in the 1980s with her role in the hit series Family Ties, Bateman's recent declarations on the state of American politics may have come as a surprise to many.
However, it was not long after Donald Trump's landslide election win that Bateman began to reveal her thoughts on the political climate that prevailed during the Biden-Harris administration.
“Decompressing from walking on eggshells for the past four years,” Bateman wrote on X, adding that the last four years were, to her, “an almost intolerable period” in which “any questioning, any opinions, any likes or dislikes were held up to a very limited list of 'permitted positions' in order to assess acceptability.”
Bateman went on, “Complete intolerance became almost a religion and one's professional and social life was threatened almost constantly. Those that spoke otherwise were ruined as a warning to others."
“When you starve a society of those called to be independent thinkers and cultural and intellectual innovators, you rob that society of any forward movement,” she observed, further declaring, “I am neither one extreme or the other, but am one of the millions of people who believe in common sense, and that everyone should be free to live their lives however they want, unless that freedom interferes with someone else's freedom to live their own life. That's it.”
A day later, Bateman returned to X to weigh in on what she hopes will be the far-reaching impact of Tuesday's election.
“In 2020, the Democratic Party was overthrown by the Woke Party. And the Woke Party has run the country for the past four years. It produced negative results” she noted.
In an expression of relief, Bateman went on, “That experiment is over. The Woke Party can take its place in the American Political graveyard with the Whigs and the Federalists.”
Adding a satirical twist to her biting critique of the left's sway in recent years, Bateman undertook a series of online reviews of social media meltdowns posted by supporters of Kamala Harris in the wake of her defeat.
Picking apart the video posts from a writing and filmmaking standpoint, Bateman's approach offered a jocular yet poignant commentary on the hyperbolic rhetoric that flowed in the wake of Trump's victory.
Bateman also took a moment to respond to recent comments from California Gov. Gavin Newsom calling for a special legislative session designed to “Trump-proof” the Golden State.
“Dude, look at the election results from 5 days ago, federal and local, CA is not interested in any more of your nonsense,” Bateman said, and it seems clear that large swaths of America emphatically agree.
Megan Valentine was arrested Tuesday after allegedly murdering her husband, Judge Michael Valentine, WNIN-TV reported. The 44-year-old's body was discovered outside of his home on Election Day, leading to Megan Valentine's arrest.
Police were called to the judge's Albion home for a welfare check on Nov. 5. When they got to the residence, they discovered Michael Valentine's body laid out on the road.
Illinois State Police picked up Megan Valentine and charged her with first-degree murder. The 41-year-old is being held at the White County Jail in Carmi, Illinois, the New York Post reported.
Her next court appearance will be on Nov. 12, and Megan Valentine's attorney did not object to her remaining in custody until then. Besides murder, she was also charged with aggravated domestic battery, aggravated discharge of a firearm, and aggravated battery with a firearm.
Police are not saying what the possible motives are for the shooting. By all accounts, the judge was an upstanding citizen and dedicated to serving his family and community.
According to his obituary, Michael Valentine was elected judge in 2016 and successfully reelected in 2022. Before that, he served on the Albion Fire Department and was a Chicago EMT.
Michael Valentine joined the Illinois State Bar Association and Illinois Judges Associate after receiving his law degree from Southern Illinois University. He also served as Edwards County State's Attorney for eight years.
The judge was also a Catholic and a member of the Albion Moose Lodge. Michael Valentine's obituary said he "will be remembered as a good and fair judge, who helped many he served," his family said.
"Most of all, he was a loving son and a loving father," the obituary added. Michael Valentine left behind a daughter, Mia Rose Valentine and a son, Michael Joseph Valentine III, as well as many other beloved relatives.
Michael Valentine's colleague, Second Judicial Circuit Chief Judge Melissa Morgan, called his death "tragic" in a statement, People reported. "On behalf of all of the judges of the Second Judicial Circuit, we are shocked and deeply saddened by the tragic passing of our colleague and friend, Edwards County Resident Judge Michael J. Valentine," the statement said.
"Judge Valentine was a distinguished jurist who was determined in the pursuit of justice and his compassion and conduct earned him the confidence and respect of the people who appeared before him. He will be sorely missed," the statement went on.
"Our thoughts and prayers are with his family at this difficult time," it added. Unfortunately, as the Post pointed out, Michael Valentine is not the only judge to be gunned down this year.
District Judge Kevin Mullins was gunned down outside a Kentucky courthouse by Letcher County Sheriff Shawn Stines. A defense attorney for Stines claimed it was a spontaneous decision following a dispute inside the courthouse.
Murder is always a horrific crime, but it's especially appalling when committed by the spouse of the victim. Michael Valentine died senselessly, and his wife will likely spend the rest of her life in jail if convicted.