How James Comey’s indictment could go south for the DOJ

As former FBI Director James Comey stares down a two-count federal indictment alleging he made a false statement to Congress and obstructed justice, the Department of Justice faces an uphill climb in securing a conviction. 

Interim U.S. Attorney Lindsey Halligan of the Eastern District of Virginia is under pressure to move the prosecution forward against Comey’s formidable defense team, which has multiple ways to challenge the charges.

Halligan, a Trump ally and former insurance lawyer with no prosecutorial experience, is up against the possibility that Comey's lawyers will file requests to toss the case out. If Comey is unsuccessful and the case goes to trial, Halligan will then face a new hurdle: persuading a jury. Critics say President Donald Trump, Halligan and any others involved in the case could also see external repercussions for rushing to bring what they view as a flimsy, retributive indictment.

In terms of pre-trial efforts, several lawyers have speculated that Comey will argue to the court that his two charges should be dismissed on numerous grounds.

COMEY INDICTMENT SPARKS FIERCE POLITICAL REACTIONS NATIONWIDE

Former U.S. Attorney Barb McQuade of Michigan told Fox News Digital one possibility is that Comey could argue the prosecution was selective.

"To prevail on a selective prosecution claim, the defendant must show not only that the prosecution was motivated by an improper purpose, but also that other similarly situated individuals were treated differently," McQuade said.

She said it would be "remarkably easy to demonstrate the first factor," pointing to Trump’s extraordinary comments on social media openly saying he wanted Comey charged out of vengeance. Comey, one of Trump’s top political nemeses, led the FBI when it opened a controversial investigation into Trump over his 2016 campaign’s alleged collusion with Russia.

McQuade said, however, that the second factor would be difficult to prove — that others have not been prosecuted for false statements to Congress — since that "essentially requires a defendant to prove a negative."

COMEY DENIES CHARGES, DECLARES 'I AM NOT AFRAID'

Jim Trusty, a former DOJ prosecutor who once worked on Trump’s defense team, told Fox News the indictment is still in an early stage, the specific allegations remain unclear and that a "wait and see" approach was best. Trusty said, though, that critics who claim Trump is weaponizing the DOJ against his enemies are misguided.

"Lawfare was certainly used as a weapon to go after Trump, but it also protected people, and so you can also look at this as four years of love from the Biden administration kept Comey out of the crosshairs," Trusty said.

Trusty said Comey’s indictment could be perceived as a "tit for tat," or it could simply be "overdue."

McQuade said that at this early stage, she viewed Comey's acquittal as the "more likely" way the DOJ would fail, pointing to what she said was "convoluted" language in the indictment.

She said it seemed to rely on congressional testimony Comey gave in 2020, when Sen. Ted Cruz, R-Texas, referenced a question asked by Sen. Chuck Grassley, R-Iowa, in 2017 about whether Comey authorized a leak to the media. Cruz also slightly misquoted Grassley, she said.

JUSTICE DEPARTMENT SEEKS TO INDICT FORMER FBI DIRECTOR JAMES COMEY FOR ALLEGEDLY LYING TO CONGRESS

"Because the prosecution must show that Comey knowingly and willfully made a false statement, that messy record may be a fatal flaw," McQuade said.

Former U.S. Attorney John Fishwick of the Western District of Virginia told Fox News Digital that if the court permits Comey to access any records related to the DOJ’s "internal deliberations" about the case, those details could undermine the prosecution and bolster a defense that the case was tainted by political motivations.

"The biggest potential fallout for DOJ will be if the judge permits the Comey legal team to get under the hood of the internal deliberations of DOJ to prosecute or not prosecute Comey," Fishwick told Fox News Digital. "The Comey team wants to argue this prosecution is just about politics and revenge, but they will need as much evidence as possible to buttress this claim as DOJ will counter the grand jury indicted Comey, not DOJ."

Trump’s appointment of Halligan as U.S. attorney was a last-minute move, as the five-year statute of limitations on Comey’s testimony expired on Sept. 30. Trump ousted her predecessor, Erik Siebert, a 15-year veteran of the Virginia office, and brought in Halligan, a willing participant in Trump’s mission to take down his political rivals.

While Trump has suggested other indictments are coming down the pike, critics have zeroed in on Comey's case, calling it weak enough that Trump also risks impeachment over it and that Halligan and any other prosecutors who decide to join the case risk career penalties. No DOJ prosecutors have joined Halligan on the case at this stage.

Former DOJ official Harry Litman, host of "Talking Feds" and vocal Trump critic, said "some accountability" would come if Democrats take the House next year, advocating they impeach Trump for what he says is an abuse of power and obstruction of justice.

"If we can just get through the midterms and give the House of Representatives the power to subpoena all of these jokers on Capitol Hill, grill them and then impeach Trump again … all of the evidence of the crime that Donald Trump just committed will be laid out for public inspection," Litman said.

He also cited a report that career prosecutors advised Halligan against charging Comey, suggesting she faces the "possibility of serious professional sanctions" because of it.

How James Comey’s indictment could go south for the DOJ

As former FBI Director James Comey stares down a two-count federal indictment alleging he made a false statement to Congress and obstructed justice, the Department of Justice faces an uphill climb in securing a conviction. 

Interim U.S. Attorney Lindsey Halligan of the Eastern District of Virginia is under pressure to move the prosecution forward against Comey’s formidable defense team, which has multiple ways to challenge the charges.

Halligan, a Trump ally and former insurance lawyer with no prosecutorial experience, is up against the possibility that Comey's lawyers will file requests to toss the case out. If Comey is unsuccessful and the case goes to trial, Halligan will then face a new hurdle: persuading a jury. Critics say President Donald Trump, Halligan and any others involved in the case could also see external repercussions for rushing to bring what they view as a flimsy, retributive indictment.

In terms of pre-trial efforts, several lawyers have speculated that Comey will argue to the court that his two charges should be dismissed on numerous grounds.

COMEY INDICTMENT SPARKS FIERCE POLITICAL REACTIONS NATIONWIDE

Former U.S. Attorney Barb McQuade of Michigan told Fox News Digital one possibility is that Comey could argue the prosecution was selective.

"To prevail on a selective prosecution claim, the defendant must show not only that the prosecution was motivated by an improper purpose, but also that other similarly situated individuals were treated differently," McQuade said.

She said it would be "remarkably easy to demonstrate the first factor," pointing to Trump’s extraordinary comments on social media openly saying he wanted Comey charged out of vengeance. Comey, one of Trump’s top political nemeses, led the FBI when it opened a controversial investigation into Trump over his 2016 campaign’s alleged collusion with Russia.

McQuade said, however, that the second factor would be difficult to prove — that others have not been prosecuted for false statements to Congress — since that "essentially requires a defendant to prove a negative."

COMEY DENIES CHARGES, DECLARES 'I AM NOT AFRAID'

Jim Trusty, a former DOJ prosecutor who once worked on Trump’s defense team, told Fox News the indictment is still in an early stage, the specific allegations remain unclear and that a "wait and see" approach was best. Trusty said, though, that critics who claim Trump is weaponizing the DOJ against his enemies are misguided.

"Lawfare was certainly used as a weapon to go after Trump, but it also protected people, and so you can also look at this as four years of love from the Biden administration kept Comey out of the crosshairs," Trusty said.

Trusty said Comey’s indictment could be perceived as a "tit for tat," or it could simply be "overdue."

McQuade said that at this early stage, she viewed Comey's acquittal as the "more likely" way the DOJ would fail, pointing to what she said was "convoluted" language in the indictment.

She said it seemed to rely on congressional testimony Comey gave in 2020, when Sen. Ted Cruz, R-Texas, referenced a question asked by Sen. Chuck Grassley, R-Iowa, in 2017 about whether Comey authorized a leak to the media. Cruz also slightly misquoted Grassley, she said.

JUSTICE DEPARTMENT SEEKS TO INDICT FORMER FBI DIRECTOR JAMES COMEY FOR ALLEGEDLY LYING TO CONGRESS

"Because the prosecution must show that Comey knowingly and willfully made a false statement, that messy record may be a fatal flaw," McQuade said.

Former U.S. Attorney John Fishwick of the Western District of Virginia told Fox News Digital that if the court permits Comey to access any records related to the DOJ’s "internal deliberations" about the case, those details could undermine the prosecution and bolster a defense that the case was tainted by political motivations.

"The biggest potential fallout for DOJ will be if the judge permits the Comey legal team to get under the hood of the internal deliberations of DOJ to prosecute or not prosecute Comey," Fishwick told Fox News Digital. "The Comey team wants to argue this prosecution is just about politics and revenge, but they will need as much evidence as possible to buttress this claim as DOJ will counter the grand jury indicted Comey, not DOJ."

Trump’s appointment of Halligan as U.S. attorney was a last-minute move, as the five-year statute of limitations on Comey’s testimony expired on Sept. 30. Trump ousted her predecessor, Erik Siebert, a 15-year veteran of the Virginia office, and brought in Halligan, a willing participant in Trump’s mission to take down his political rivals.

While Trump has suggested other indictments are coming down the pike, critics have zeroed in on Comey's case, calling it weak enough that Trump also risks impeachment over it and that Halligan and any other prosecutors who decide to join the case risk career penalties. No DOJ prosecutors have joined Halligan on the case at this stage.

Former DOJ official Harry Litman, host of "Talking Feds" and vocal Trump critic, said "some accountability" would come if Democrats take the House next year, advocating they impeach Trump for what he says is an abuse of power and obstruction of justice.

"If we can just get through the midterms and give the House of Representatives the power to subpoena all of these jokers on Capitol Hill, grill them and then impeach Trump again … all of the evidence of the crime that Donald Trump just committed will be laid out for public inspection," Litman said.

He also cited a report that career prosecutors advised Halligan against charging Comey, suggesting she faces the "possibility of serious professional sanctions" because of it.

Fox News Politics Newsletter: Zelenskyy questions effectiveness of UN amid global conflict

Welcome to the Fox News Politics newsletter, with the latest updates on the Trump administration, Capitol Hill and more Fox News politics content. Here's what's happening…

-Mangione, Catholic Church shooter, Kirk shooter, ICE shooter all allegedly had engraved ammo

-DNC holds onto decades-old Jeffrey Epstein donations after other Dems returned theirs

-TPUSA to give away 5,000 Charlie Kirk ‘freedom’ shirts at Penn State-Oregon game Kirk planned to attend

Only "friends and weapons," not international laws, can protect against war and authoritarian ambitions, Ukrainian President Volodymyr Zelenskyy warned on Wednesday during an address to the United Nations General Assembly (UNGA).

The Ukrainian leader, who has been pleading with the international community to do more to counter Russian President Vladimir Putin amid his more than three-and-a-half-year-long war, once again cautioned that Ukraine may have been the first European nation to bear Moscow’s affront to international order, but it will not be the last.

"Putin will keep driving the war forward wider and deeper. And we told you before, Ukraine is only the first. And now Russian drones are already flying across Europe," Zelenskyy said. "Russian operations are already spreading across countries, and Putin wants to continue this war by expanding it…Read more

CHA-CHING?: Trump tariffs haul over $200B in revenues as Supreme Court weighs challenge to legality

WEDDING BELLS: Congratulations pour in after White House deputy chief of staff Dan Scavino shares marriage proposal video

POWER ALLY: Kamala Harris plays up relationship with Hillary Clinton as wedge with Biden widens

LONG APPLAUSE: UN gives round of applause after Palestinian Authority president accuses Israel of ‘genocide’

ACCESS DENIED: Abbas to address UN after visa clash with US as questions swirl over Hamas

SYRIA'S UN MOMENT: Syrian president's historic UN speech joined by thousands rallying outside for peace and Trump's support

TRUTH COMES OUT: Gazan boy alive after ex-GHF 'whistleblower' falsely claimed IDF killed him

JETS FOR FUEL: Trump: Erdogan could be ‘influential’ in ending Putin’s war amid push to cease Russian oil sales

PEACE VIA STRENGTH: Lithuanian president credits Trump's 'strong' UN address

'A TERRIBLE MAYOR': Trump accuses London of wanting 'Sharia law' in UN speech, mayor hits back

MAFIA TACTICS: Senate progressive accuses Trump of ‘mafia-style blackmail’ in shutdown fight

SEEKING OUSTER: Michigan Democrat Rep. Stevens cites 'health care chaos' in impeachment move against RFK Jr.

SOUND OF SILENCE: Ilhan Omar silent after call to 'abolish ICE' over story on 5-year-old that NBC was forced to correct

GENERALS GATHER: Hegseth orders hundreds of military commanders to Virginia for unprecedented meeting

CLOCK RUNS OUT: In trying to secure Comey indictment, US prosecutors have short window — and a difficult case to make

GAVELED OUT: Chaos erupts during immigration hearing as Democrat lunges at chairman’s gavel: 'I'm tired of you'

HONOR CODE BUST: New Jersey governor hopeful blocked from Naval Academy graduation over cheating scandal

BALLOT BRAWL: Republican aiming to flip blue state rips Dem rival for blaming 'everything on Trump’

COMMISSION CHAOS: Ousted director says America250 leaders 'hate Trump more than they love America’ after firing for Kirk post

HEROES IN ACTION: Border Patrol agents rescue cyclist who fell 'more than 50 feet' into remote canyon

PERIMETER SECURED: Charlie Kirk's accused assassin encountered by police during return to crime scene: law enforcement sources

HIGH STAKES: Who is Kathryn Nester, Charlie Kirk assassination suspect Tyler Robinson’s attorney?

Get the latest updates on the Trump administration and Congress, exclusive interviews and more on FoxNews.com.

Michigan Democrat Rep. Stevens cites ‘health care chaos’ in impeachment move against RFK Jr.

A congresswoman from Michigan announced Thursday that she will introduce articles of impeachment against Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., citing the "health care chaos" and rising costs during his tenure.

Rep. Haley Stevens, D-Mich., has repeatedly called for Kennedy's removal, most recently citing funding cuts for cancer research, infant death syndrome and combating addiction, as well as increased health care costs.

Kennedy’s restriction of vaccine access is another issue, as well as him spreading of "absurd conspiracies" that have put people’s lives in danger, Stevens said.

REPUBLICAN DOCTORS CLASH WITH RFK JR OVER VACCINES IN TENSE SENATE SHOWDOWN

"RFK Jr. is making our country less safe and making health care less affordable and accessible for Michiganders," Stevens said in a statement. "His contempt for science, the constant spreading of conspiracy theories, and his complete disregard for the thousands of research hours spent by America’s top doctors and experts are unprecedented, reckless, and dangerous.

"Enough is enough — we need leaders who put science over chaos, facts over lies, and people over politics, which is why I am announcing today that I have begun drafting articles of impeachment against Secretary Kennedy."

In a statement to Fox News Digital, HHS communications director Andrew Nixon said Kennedy "remains focused on the work of improving Americans’ health and lowering costs, not on partisan political stunts."

RFK JR AND TOP DEM CLASH DURING HEATED SENATE HEARING: 'THIS IS ABOUT KIDS'

Stevens also accused Kennedy of lying during his confirmation hearings about the promises he made that had not come to fruition. Chief among them is Kennedy's promise not to break up the U.S. Centers for Disease Control and Prevention’s (CDC) vaccine panel of independent experts.

Stevens alleged Kennedy had failed to carry out the statutory duties of HHS in administering the Food and Drug Administration (FDA) and the CDC.

The congresswoman also said Kennedy has politicized the FDA and ended public comment for HHS rulemaking.

Stevens is one of several Democrats calling for Kennedy to step down. The secretary most recently faced scrutiny over his firing of CDC Director Susan Monarez.

Pritzker swiftly fact-checked after claiming he never derided GOP with dictatorship comparison: ‘Pathological’

Democratic Illinois Gov. JB Pritzker was swiftly fact-checked by conservatives on social media for claiming he "never called Republicans ‘Nazis’" as lawmakers on both sides of the aisle traded barbs on heightened political rhetoric following the assassination of Charlie Kirk. 

"That is completely false. I have never called Republicans ‘Nazis,’" Pritzker said Monday while fielding questions from the media during a press conference where the Democratic state leader accused President Donald Trump of "actively fanning the flames of division" following Kirk's Wednesday murder. 

Pritzker, who has condemned Kirk's shocking assassination as "horrifying," came under fire earlier in September when he claimed the "president's rhetoric often foments" political violence. 

Now, the Democratic governor is facing impeachment efforts from state Republicans for rhetoric they claim has incited violence, and for his claims linking Nazi Germany to the GOP. 

MAHER SAYS COMPARING TRUMP TO HITLER MUST END, WARNS IT MAKES IT EASIER FOR KILLERS TO JUSTIFY ASSASSINATIONS

Conservatives on social media unleashed on Pritzker for claiming he has "never called Republicans ‘Nazis,’" pointing to his February State of the State address. 

Pritzker did not explicitly call Republicans "Nazis," but compared the newly minted Trump administration to the rise of Nazi Germany. 

"The authoritarian playbook is laid bare here: They point to a group of people who don’t look like you and tell you to blame them for your problems. If you think I’m overreacting and sounding the alarm too soon, consider this: It took the Nazis one month, three weeks, two days, eight hours, and 40 minutes to dismantle a constitutional republic," Pritzker said in February. 

"Tyranny requires your fear and your silence and your compliance," Pritzker added. "Democracy requires your courage. So gather your justice and humanity, Illinois, and do not let the ‘tragic spirit of despair’ overcome us when our country needs us the most." 

Republicans and conservatives in the state took to X to compare his previous comments on Republicans and Nazi Germany to his press conference remarks. 

FOLLOWING KIRK’S ASSASSINATION, LAWMAKERS REACT TO LETHAL POLITICAL CLIMATE: 'VIOLENT WORDS PRECEDE VIOLENT ACTIONS'

"Governor Pritzker claims he’s never called Republicans Nazis, but his own words suggest otherwise," the Illinois House Republicans posted to X Monday, accompanied by videos comparing the governor's remarks

"Pritzker Today: I've never called Republican's Nazi's Pritzker in February: ‘Pritzker Compares Trump Administration’s Approach to Nazi Germany During State Budget Address,’" the Illinois Republican Party similarly posted to X. 

Critics slammed the governor as "pathological" and a "liar," saying that his public remarks are forever achieved on the internet

Others on X pointed to Pritzker's remarks from April during a speech in New Hampshire promoting mass mobilization against Republicans while declaring they "cannot know a moment of peace."

DONALD TRUMP JR. WARNS POLITICAL VIOLENCE IS 'NOT GOING BOTH WAYS' AS HE MOURNS CHARLIE KIRK'S DEATH

"Never before in my life have I called for mass protests, for mobilization, for disruption — but I am now," he said, Fox News Digital reported at the time. 

"These Republicans cannot know a moment of peace. They have to understand that we will fight their cruelty with every megaphone and microphone that we have. We must castigate them on the soapbox and then punish them at the ballot box. They must feel in their bones … that we will relegate their portraits to the museum halls reserved for tyrants and traitors."

Fox News Digital reached out to Pritzker's office Tuesday morning regarding the criticisms from Republicans over the comparison and the recent impeachment efforts in the state but did not immediately receive a reply. 

Pritzker is facing renewed impeachment efforts from state Republicans following the assassination of Kirk. Conservatives nationwide have argued that leftists deriding conservatives as "fascists," "Nazis" and serving as threats to democracy led to the violence that claimed Kirk's life.

Illinois Republican state Rep. Chris Miller filed articles of impeachment against Pritzker earlier in September, claiming the governor "has engaged in conduct which, under the totality of the circumstances, constitutes inciting violence which is incompatible with the duties of his office."

Illinois Republican state Rep. Adam Niemerg filed an impeachment resolution against the governor Monday while invoking the assassination of Kirk. 

JB PRITZKER CONDEMNS POLITICAL VIOLENCE AFTER CHARLIE KIRK'S DEATH, SAYS TRUMP'S RHETORIC 'OFTEN FOMENTS IT'

"Pritzker’s remarks are providing legitimacy to radicals who are committing these heinous crimes against people like Charlie Kirk," Niemerg said in a statement, Capitol News Illinois reported. "If it were one isolated incident — it would be one thing but there is a pattern here."

Former Illinois Gov. Rod Blagojevich is the only governor in the state's history to be impeached and removed from office in 2009, following federal corruption charges. Impeachment efforts in the state require involvement from both the General Assembly and state Senate to move forward — making the effort unlikely as both chambers are controlled by Democrats in the deep blue state. 

Pritzker continued in his Monday press conference remarks that Trump has encouraged American division, while calling for political rhetoric across the board to be toned down. 

"This should come from the top, but with each crisis in the last few years, we can’t rely on President Trump to tamp down the anger and the passion in the aftermath of political violence," he said Monday. "Instead, he actively fans the flames of division as he did on Friday, regularly advocates violence for political retribution, and in more than one case, declares that we are at war, not with a foreign adversary, but with each other. I don’t believe any of that."   

Kirk, the co-founder of Turning Point USA, was assassinated while attending an event at Utah Valley University Wednesday. A single shot rang out and struck Kirk in the neck while he sat under a tent on campus and spoke with students. 

Kirk was a conservative movement powerhouse, championing faith and family policies to young adults, most notably on college campuses. 

He leaves behind his wife, Erika, and their two children, ages one and three. Kirk's funeral is planned for Sunday in Arizona, with Trump and other administration leaders expected to attend. 

Trump foes melt down that SCOTUS is unleashing ‘racial terror’ on US with ICE raid ruling

A handful of California Democrats, who are also longtime political foes of President Donald Trump, slammed a Supreme Court ruling that lifts restrictions on the Trump administration’s immigration raids in Los Angeles as "un-American" and opening the door to a "parade of racial terror."

"@realDonaldTrump's hand-picked SCOTUS majority just became the Grand Marshal for a parade of racial terror in LA. His administration is targeting Latinos — and anyone who doesn’t look or sound like @StephenM's idea of an American — to deliberately harm our families and economy," California Gov. Gavin Newsom posted to X on Monday evening. 

Newsom, who has sparred with Trump stretching back to the president's first administration, was reacting to a 6-3 Supreme Court ruling on Monday that the Trump administration can continue deploying immigration raids in California, which blocked a lower court's ruling that halted such raids in the state. 

The case was punted to the Supreme Court after a federal judge in July blocked ICE from conducting raids in Los Angeles County, citing that they were likely unconstitutional as federal agents were detaining individuals for "apparent race or ethnicity," or speaking Spanish. Immigration activists had accused the federal government of targeting Latinos based on criteria such as speaking Spanish. The Ninth Circuit upheld the July order before the Supreme Court weighed in. 

TRUMP ADMIN SEEKS TO OVERTURN FEDERAL RESTRAINING ORDER LIMITING ICE OPERATIONS IN LOS ANGELES

Newsom, Los Angeles Mayor Karen Bass and California Democratic Sen. Adam Schiff each issued a rebuke of the Supreme Court's ruling on Monday, calling the Trump administration's immigration raids "blatantly illegal." 

"This Administration rounded up and arrested California residents, including U.S. citizens and legal residents, based on the color of their skin or the language they speak. This is blatantly illegal, yet the Supreme Court is allowing it to happen while the case proceeds. When the history of this country’s rapid descent into dictatorship is written, Republicans in Congress and the Roberts Court will have been its primary enabler," Schiff posted to X on Monday. 

Schiff has a long documented contentious relationship with Trump, including over the Jan. 6, 2021 investigation, Trump's first impeachment trial and the Russia investigation. The California Democrat is currently under a Department of Justice investigation for alleged mortgage fraud uncovered under the second Trump administration. 

"I want the entire nation to hear me when I say this isn’t just an attack on the people of LA, this is an attack on every person in every city in this country. Today’s ruling is not only dangerous – it’s un-American and threatens the fabric of personal freedom in the U.S." Bass added in her own message on X

Bass and Trump have also sparred in the past, most recently over the summer when federal immigration officials first converged on the city, and back in January when wildfires ripped across Southern California and devastated the Los Angeles area. 

"Let me be clear: we will not allow the White House, nor the Supreme Court, to divide us. And to all Angelenos, I will never stop fighting for your rights, your dignity, and your safety, despite this administration’s efforts to threaten them. We will stand united," Bass continued in a press release. 

LOS ANGELES JUDGE WEIGHS SEVERE LIMITS ON TRUMP'S IMMIGRATION ENFORCEMENT IN CALIFORNIA

The Supreme Court's majority did not include an explanation for the ruling. Justice Brett Kavanaugh, however, authored a concurring opinion arguing that a combination of factors — such as race — could provide authorities with reasonable suspicion to stop a person and inquire about their immigration status. 

"To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court’s case law regarding immigration stops, however, it can be a ‘relevant factor’ when considered along with other salient factors," Kavanaugh wrote.

SUPREME COURT RULES ON TRUMP'S THIRD-COUNTRY DEPORTATIONS, IN MAJOR TEST FOR PRESIDENT

Justice Sonia Sotomayor issued the dissent and argued the emergency order approving such raids was "troubling" and pointed to the majority's lack of explanation for the move.  

"We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job," Sotomayor wrote.

TRUMP ADMINISTRATION SUES LOS ANGELES OVER SANCTUARY POLICIES THAT 'IMPEDE' ICE OPERATIONS

The Trump administration celebrated the Supreme Court's decision on Monday. 

"This is a win for the safety of Californians and the rule of law," Department of Homeland Security spokeswoman Tricia McLaughlin said, according to Politico. "DHS law enforcement will not be slowed down and will continue to arrest and remove the murderers, rapists, gang members, and other criminal illegal aliens… ."

The Supreme Court order follows the Trump administration ordering immigration officials to carry out raids back in June to remove individuals illegally residing in Los Angeles, which dubbed itself a "sanctuary" for illegal immigrants in November before Trump was sworn back into the Oval Office. 

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Riots and protests subsequently broke out in the city as local leaders, such as Newsom and Bass, slammed the Trump administration's illegal immigrant crackdown and offered words of support to illegal immigrants. 

Fox News Digital reached out to Newsom's, Bass' and Schiff's respective offices on Monday afternoon. 

Fox News Digital's Ashley Oliver contributed to this report. 

Radical House Dem appointed to GOP-led committee investigating January 6: ‘We will expose the lies’

Rep. Jasmine Crockett, D-Texas, has been tapped for a seat on the new Republican-led panel investigating the Jan. 6 Capitol riot, where she immediately blasted the initiative as partisan and accused former President Donald Trump of escaping accountability.

House Minority Leader Hakeem Jeffries, D-N.Y., announced the Democratic firebrand's appointment on Monday, along with other Democratic members, after the subcommittee was formally created earlier this month.

Crockett herself criticized Republicans for starting the initiative during a press conference with its new Democratic members, even suggesting President Donald Trump should have been "convicted" over the 2021 riot.

HOUSE OVERSIGHT COMMITTEE RELEASES THOUSANDS OF EPSTEIN DOCUMENTS

"On that day, there was an attempt to tear apart our democracy brick by brick. In fact, they laid the foundation, unfortunately, for what we are experiencing right now," Crockett said. "Because if those in power had done what they should have done, which was to go through with an impeachment conviction, none of us would be enduring what we are enduring now."

Trump was impeached by the House after the riot but acquitted by the Senate, which did not reach the two-thirds threshold to convict him of high crimes and misdemeanors.

The president has denied responsibility in the protest despite Democrats accusing him of fomenting the violence. He's also since pardoned rioters convicted for their parts in the event.

Crockett accused Republicans of using the panel to create "distractions and division."

"We are not going to allow them to whitewash this," she said. "We will expose the lies, and we will continue to hold accountable those that tried to overthrow the will of the people, including the president. This is not about Democrats versus Republicans. This is about defending the Constitution."

She added: "We all swore an oath to uphold the American people deserve honesty, accountability, and leaders who will protect democracy, not tear it down. I am committed to making sure that the American people know the truth about January 6th, and remember all those responsible for the defilement of the Capitol."

The subcommittee will be chaired by Rep. Barry Loudermilk, R-Ga., who last Congress investigated the now-defunct House select committee on Jan. 6.

"While my previous investigation did an incredible job last Congress, there is still much work to be done. Our goal is to answer the remaining questions, uncover all the facts, and implement reforms so this level of security failure never happens again. It’s time to finish the job," Loudermilk said when the panel was formed.

FAR-LEFT FIREBRAND SAYS SHE 'NEVER HAD A CONCERN' ABOUT BIDEN'S MENTAL STATE AS HOUSE PROBE HEATS UP

It is customary for party leaders to select members of their caucus to sit on committees, though final approval rests with the majority.

In addition to Crockett, Rep. Eric Swalwell, D-Calif., was named ranking Democrat on the subcommittee, joined by Rep. Jared Moskowitz, D-Fla. Rep. Jamie Raskin, D-Md., the top Democrat on the House Judiciary Committee, was given an honorary role.

Fox News Digital reached out to the White House for a response to Crockett's remarks.

Federal judge releases woman accused of threatening to kill Trump

A woman arrested last month for allegedly making death threats against President Donald Trump has been released by a federal judge who has clashed with the Trump administration several times this year, including by attempting to block the deportations of Venezuelan migrants under the Alien Enemies Act.

Chief Judge James Boasberg ordered Nathalie Rose Jones, 50, released no later than Aug. 27 under electronic monitoring and instructed her to visit a psychiatrist in New York City once she retrieves her belongings from a local police station.

Boasberg’s order came after US Magistrate Judge Moxila Upadhyaya ordered Jones to be held without bond and undergo a competency evaluation. She cited her "very troubling conduct" of social media posts aimed at the president, combined with the fact that she had then traveled to the District of Columbia, per WUSA9.

INDIANA WOMAN FACES FEDERAL CHARGES FOR SOCIAL MEDIA THREATS TO DISEMBOWEL TRUMP

Jones took part in a "dignified arrest ceremony" for Trump at a protest in Washington, D.C., which circumnavigated the White House complex and was arrested following an investigation into her series of concerning Instagram and Facebook posts. 

In early August, Jones labeled Trump a terrorist, referred to his administration as a dictatorship, and stated that Trump had caused extreme and unnecessary loss of life in relation to the coronavirus

"I am willing to sacrificially kill this POTUS by disemboweling him and cutting out his trachea with Liz Cheney and all The Affirmation present," an Aug. 6 post directed at the FBI states.

In an Aug. 14 post directed to Secretary of Defense Pete Hegseth, Jones allegedly wrote, "Please arrange the arrest and removal ceremony of POTUS Trump as a terrorist on the American People from 10-2pm at the White House on Saturday, August 16th, 2025."

The next day, Jones voluntarily agreed to an interview with the Secret Service, during which she called Trump a "terrorist" and a "nazi," authorities said. 

She said that if she had the opportunity, she would kill Trump at "the compound" if she had to and that she had a "bladed object," which she said was the weapon she would use to "carry out her mission of killing" the president.

Following the protest in Washington, D.C on Aug. 16, Jones was interviewed again by the Secret Service, during which she admitted that she had made threats towards Trump during her interview the previous day. 

She was charged with threatening to kill, kidnap, or seriously hurt the president and sending messages across state lines that contained threats to kidnap or harm someone.

BONDI DOJ FILES COMPLAINT ALLEGING MISCONDUCT BY FEDERAL JUDGE JAMES BOASBERG

Upadhyaya expressed concern over the gravity of Jones’s threats and ruled they were serious enough to justify detention and scheduled a status conference and preliminary hearing for Sept. 2, with prosecutors required to secure an indictment by Sept. 15.

But Jones’s lawyers, who had argued their client was unarmed and had no real desire to follow through with the threats, appealed Upadhyaya’s detention decision, and Boasberg overturned Upadhyaya’s detention order.

Fox News Digital has reached out to the Justice Department for comment. 

Boasberg, a President Barack Obama appointee, has found himself in the crosshairs of the Trump administration several times this year.

In March, he issued a temporary restraining order seeking to block Trump’s use of a 1798 wartime-era immigration law, the Alien Enemies Act, to summarily deport hundreds of Venezuelan nationals to El Salvador.

Boasberg ordered all planes bound for El Salvador to be "immediately" returned to U.S. soil, which did not happen, and later, ordered a new investigation to determine whether the Trump administration had complied with his orders. 

In April, he ruled that the court had grounds to move on possible contempt proceedings, though that ruling was stayed by a higher appeals court, which has yet to consider the matter.

His March 15 order touched off a complex legal saga that ultimately spawned dozens of deportation-related court challenges across the country — though the one brought before Boasberg was the very first — and later prompted the Supreme Court to rule, on two separate occasions, that the hurried removals had violated migrants' due process protections under the U.S. Constitution.

Trump has publicly attacked him as a "Radical Left Lunatic" and called for his impeachment.

In July, Attorney General Pam Bondi filed a misconduct complaint against Boasberg, accusing him of making improper comments about President Trump's administration, Chief Justice Roberts, and roughly two dozen other federal judges — remarks that she allegedly argued undermined the integrity and impartiality of the judiciary. 

Boasberg allegedly warned the judges that he believed the Trump Administration would "disregard rulings of federal courts" and trigger "a constitutional crisis." 

"Although his comments would be inappropriate even if they had some basis, they were even worse because Judge Boasberg had no basis—the Trump Administration has always complied with all court orders," the complaint reads. "Nor did Judge Boasberg identify any purported violations of court orders to justify his unprecedented predictions."

Fox News’ Breanne Deppisch and Louis Casiano contributed to this report. 

Democratic Rep. Jerry Nadler will not seek reelection

U.S. Rep. Jerrold Nadler, D-N.Y., will not seek re-election next year, according to media reports. 

The move will mark the end of Nadler's 34 years in Congress where he has been a leading liberal voice on a range of issues. 

"Watching the Biden thing really said something about the necessity for generational change in the party, and I think I want to respect that," Nadler told the New York Times. 

REP. NADLER CONDEMNS TRUMP ADMIN AFTER STAFF MEMBER HANDCUFFED DURING CONGRESSIONAL OFFICE SECURITY SWEEP

That was evident when Nadler, 78, was forced to give up his House Judiciary Committee leadership at the beginning of the term when it became clear a younger, more energetic colleague would beat him. 

Nadler has been a vocal critic of President Donald Trump, warning fellow Democrats about Trump's leadership style. The two have sparred dating back to the 1980s over Manhattan development projects. 

"I’m not saying we should change over the entire party," he said. "But I think a certain amount of change is very helpful, especially when we face the challenge of Trump and his incipient fascism."

DEM REP. NADLER PICTURED WITH HEAD DOWN, EYES CLOSED DURING TESTIMONY FROM OTHERS OF MIGRANT CRIME VICTIMS

He ultimately succeeded in steering articles of impeachment through his committee in 2019. 

Nadler didn't discuss who could potentially succeed him, saying multiple candidates could run to replace him. 

But a person familiar with his thinking told the Times that Nadler planned to support Micah Lasher, who represents parts of the Upper West Side in the New York State Assembly, should he run.

In speaking with the Times, Nadler said he was confident of the Democrats' chances of taking back control of the House next year. 

"Then you can cut the reign of terror in half," he said.

Fox News Digital has reached out to Nadler's office. 

In a post on X, New York City mayoral candidate Zohran Mamdani praised Nadler as a champion of progressivism. 

"For more than 30 years, when New Yorkers needed a champion, we have turned to Jerry Nadler - and he has delivered for us time and again," the post states. "Few leaders can claim to have made such an impact on the fabric of our city."

"Congress will be worse off without his leadership, but our democracy will be better for the selflessness that has defined a legendary career," he added. 

In a statement, House Minority Leader Hakeem Jeffries, D-N.Y., called Nadler a "relentless fighter for justice, civil rights and liberties and the fundamental promise of equality for all."

"After the attacks of September 11, 2001, he spent years fighting for the care and support that New York City and his constituents needed to begin to rebuild and heal," said Jeffries. "As Dean of the New York delegation, Congressman Nadler has been a dear friend and valued mentor to myself and so many others throughout the People's House."

"Jerry’s years of leadership have earned him a spot among our nation’s greatest public servants," he added. "He will be deeply missed by the House Democratic Caucus next term and we wish him and his family the very best in this new chapter."

Winsome Earle-Sears rebukes Spanberger plan to undo Virginia’s ICE pact: ‘This is not hard’

EXCLUSIVE: Virginia Lt. Gov. Winsome Earle-Sears rebuked a plan announced Wednesday by her 2025 gubernatorial opponent Abigail Spanberger to rescind an executive order that gives law enforcement and jailers authority to work with ICE in particular circumstances.

"Well, we know she won't be able to do that because she's not going to win," Earle-Sears quipped in a Wednesday interview.

"The people of Virginia are going to vote for me because [Gov. Glenn Youngkin’s order is] common sense and is keeping them safe. They have been safe since we've been in office," she said.

Earle-Sears said she and Youngkin have overseen a one-third drop in statewide crime, and she dismissed Spanberger’s remarks — first made in a Virginia Mercury interview — as "dangerous ideas" that are "all theory; no practical usage."

VIRGINIA LEADERS REBUKE RACIST SIGN TARGETING GOP GUBERNATORIAL CANDIDATE WINSOME EARLE-SEARS: ‘REPULSIVE’

Youngkin’s order sought to "maximize collaboration" with DHS and "us[e] all available methods to facilitate the arrest and deportation of inadmissible and removable criminal illegal immigrants."

To that end, Earle-Sears said Spanberger’s pledge ignores major developments in the battle against illegal immigrant gangs and the like.

"The number three MS-13 [was captured] right here in Manassas under her nose in her former neck of the woods," Earle-Sears said of Salvadoran national Henrry Josue Villatoro-Santos, who is alleged to be a top ranking member of the transnational gang.

Villatoro-Santos, 24, was arrested in March in Dale City – a middle-class suburb along I-95 between Fredericksburg and Washington – in an operation overseen by the FBI’s Manassas Field Office from the other side of Prince William County.

Spanberger previously represented the area in Congress – in a seat now held by Democrat Yevgeny "Eugene" Vindman, the twin brother of high-profile Trump impeachment figure Alexander Vindman.

In breaking the news earlier Wednesday, Spanberger said, "I would rescind [Youngkin’s] executive order, yes."

Spanberger said the Youngkin-Sears effort pulls local law enforcement away from their regular duties and wrongly encourages the state to dabble in federal roles.

DNC HIRES NEW TOP EXEC WITH LONG HISTORY OF PUSHING RACIAL GRIEVANCES, LEFTIST IDEOLOGY

The Democrat called the U.S. immigration system "absolutely broken" and said allowing cops to help "tear families apart [is] a misuse of … resources."

Earle-Sears said officials in Richmond cannot focus on economic development and other top concerns of Virginians unless those constituents live in a safe environment.

Therefore, she said, separating themselves from DHS is counterproductive and "dangerous" to both the citizenry and the federal agents conducting the immigration operations.

The Republican nominee emphasized that she, too, is an immigrant — stressing that she came to the U.S. legally — and contrasted her story with that of many illegal immigrants arrested with criminal records, noting that her family came from Jamaica in search of opportunity and a better life.

"These criminal illegal immigrants, they come here for an opportunity to prey on us, and they prey on the very population that they're a part of," she said.

"We don't want that."

Youngkin also responded to the news, asking rhetorically if November’s "choice could be any more clear."

"In her very first act as governor, [Abigail Spanberger] promises to turn Virginia into a sanctuary state for dangerous illegal immigrants," Youngkin said on X. 

"[Earle-Sears] promises to keep dangerous criminals off our streets," the term-limited governor said.