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More than 60 Utah Republicans endorse primary challenger to Mitt Romney

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More than 60 Republican lawmakers from Utah are pushing to end Sen. Mitt Romney’s career on Capitol Hill.

Utah state House Speaker Brad Wilson has taken the first steps toward challenging Romney, the Republicans' 2012 presidential nominee, by forming a Senate exploratory committee in April.

The committee on Thursday announced that Wilson’s possible run is already being endorsed by three quarters of his GOP colleagues in the statehouse’s lower chamber and two-thirds of Republicans in the Utah Senate.

UTAH REPUBLICAN RAISES MORE THAN $2 MILLION AS HE EXPLORES 'LIKELY' BID TO TAKE ROMNEY'S SENATE SEAT

"I am honored and encouraged to have the support of so many leaders from all corners of this great state," Wilson said. "Utah needs a bold, conservative fighter in the U.S. Senate and I am humbled at the support and encouragement we’ve received so quickly."

Romney has, at times, had a fraught relationship with Republicans in his state, particularly other elected officials, over his willingness to criticize and votes to convict former President Donald Trump after his impeachments. Utah’s Weber County GOP voted to censure him for it in May 2021.

Trump swept the state in 2020 during his race against President Biden.

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Romney has not announced whether he plans to run for re-election in 2024, but he filed a statement of candidacy with the Federal Election Commission earlier this year. It would be his first re-election campaign after winning his seat in 2018.

Early fundraising data show both he and Wilson are gearing up for an expensive fight.

'ENOUGH IS ENOUGH': UTAH MAYOR ANNOUNCES BID TO TAKE ROMNEY'S SENATE SEAT

Romney has raised nearly $1.8 million so far this year for a possible re-election bid. Wilson’s war chest is currently larger with just over $2.2 million in receipts, but $1.2 million of that is a loan from the candidate himself.

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Wilson’s exploratory committee website touts him as "pragmatic and conservative" and a lifelong Utah resident. "Brad is exploring a run for the U.S. Senate in 2024 and knows Utahns deserve a bold, proven, and conservative fighter to represent them and their values in our nation’s capital," the site said.

Fox News Digital reached out to Romney’s office to inquire about any updates to his electoral plans, but did not immediately hear back.

5th Circuit deals blow to federal gun statute used in Hunter Biden case

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The U.S. Court of Appeals for the 5th Circuit on Wednesday voided a federal law that prevents unlawful drug users from possessing firearms.

The statute, 18 U.S.C. § 922(g)(3), bars anyone who is an "unlawful user of or addicted to any controlled substance," including marijuana, from possessing a gun. Violators can face up to 10 years in prison. However, a three-judge panel, citing the Supreme Court's landmark gun rights decision last year, unanimously found the statute unconstitutional as applied to defendant Patrick Daniels. 

Daniels, an admitted habitual marijuana user, was arrested in April 2022 after police searched his car and found marijuana and two loaded firearms. He was convicted in July 2022 and sentenced to nearly four years in prison and three years of probation — a conviction the 5th Circuit panel has now thrown out. 

Though the decision is limited to Louisiana, Mississippi and Texas, it could potentially impact the ongoing federal case against Hunter Biden, who is charged in Delaware under the same statute. Former Assistant U.S. Attorney Andrew McCarthy told Fox News the Justice Department could use the 5th Circuit's opinion as a rationale for a new plea agreement.

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"Even though Hunter Biden’s situation is readily distinguishable from that of Patrick Daniels, it’s possible the Justice Department could rationalize that the 5th Circuit’s ruling supports its exercise of discretion to give Biden deferred-prosecution treatment (as currently proposed, two years of probationary conditions followed by dismissal if the conditions are met) in a plea agreement," McCarthy said. 

The 5th Circuit case, known as U.S. v. Daniels, was decided by Judges Jerry Smith, Stephen Higginson and Don Willett. Together, they held that the 922(g)(3) restriction was too broad as applied to Daniels and unsupported by a "historical tradition of firearm regulation," as required by the Supreme Court in Bruen. 

"Just as there was no historical justification for disarming a citizen of sound mind, there is no tradition that supports disarming a sober citizen who is not currently under an impairing influence," Smith wrote. "Indeed, it is helpful to compare the tradition surrounding the insane and the tradition surrounding the intoxicated side-by-side."

The statute's language does not distinguish between a person who is intoxicated or a person who is sober but in possession of drug paraphernalia at the time of their arrest.

The court observed that the founding-era law "institutionalized the insane and stripped them of their guns; but they allowed alcoholics to possess firearms while sober." 

NRA NOTCHES LEGAL WIN IN BATTLE WITH ELECTION COMMISSION OVER HIDDEN DOCUMENTS

"In short, neither the restrictions on the mentally ill nor the regulatory tradition surrounding intoxication can justify Daniels' conviction," Smith wrote. Further, the court said there was no historical tradition of stripping away gun rights from persons who are non-violent, drug users or otherwise. 

"The government asks us to set aside the particulars of the historical record and defer to Congress' modern-day judgment that Daniels is presumptively dangerous because he smokes marihuana multiple times a month. But that is the kind of toothless rational basis review that Bruen proscribes. Absent a comparable regulatory tradition in either the 18th or 19th century, § 922(g)(3) fails constitutional muster under the Second Amendment." 

The 5th Circuit has now declared two federal gun statutes unconstitutional under Bruen's precedent. In a previous case, U.S. v. Rahimi, the court struck down a federal statute that made it a crime for a person with a domestic violence restraining order to be in possession of a gun — a decision that has been appealed to the Supreme Court. 

In a concurring opinion, Higginson criticized Bruen for causing "uncertainty and upheaval" in how the government can apply public safety laws, which he said "face inconsistent invalidation." He observed that lower courts have wildly differed in their interpretations of Bruen, leading to disparate outcomes for individuals across the country charged with the same federal crime. 

SUPREME COURT ALLOWS CONTINUED REGULATION OF SO-CALLED ‘GHOST GUNS’

"Already, as courts work through the impact of Bruen, defendants guilty of a gun crime in one jurisdiction are presently innocent of it in another," the judge said.

Such is the case for Hunter Biden, who is charged with violating 18 U.S.C. § 922(g)(3) because he was a crack cocaine user when he bought a Colt Cobra .38 Special from StarQuest Shooters, a gun store in Wilmington, Delaware, in 2018. 

McCarthy said that while there are essential differences between Biden and Daniels, the Justice Department could still use the 5th Circuit's decision to go easy on Biden.

"The 5th Circuit panel unanimously ruled that the 922(g)(3) restriction was too broad as applied to Daniels. Historically, the law has permitted gun possession prohibitions against people who were actively under the influence of drugs or alcohol, but not against people who were sometimes under the influence but apparently sober at the time they possessed guns," he explained. 

FEDERAL JUDGE IN COLORADO BLOCKS LAW RAISING AGE REQUIREMENT FOR GUN PURCHASES

"Unlike Daniels, who by his own admission is a regular marijuana user, Biden was a cocaine addict who was provably binging on cocaine in the October 2018 time-frame when he possessed at least one firearm," McCarthy continued. "Marijuana is now legal in many states (even though it is still deemed a prohibited substance under federal law that is not enforced); cocaine is an illegal substance under state and federal law — it is more addictive, more debilitating, and consequently its possession and distribution are punished more severely in penal statutes.

"So the cases can be distinguished," McCarthy said. "Nevertheless, it would not be unreasonable for the Justice Department to say it needed to rethink prosecution standards for 922(g)(3) in light of the Daniels decision. Of course, the question would then be whether Hunter Biden was being given favorable treatment — i.e., was he being given a pass when the Biden Justice Department would still prosecute similarly situated people? It’s too early to answer that question."

Gun rights activists celebrated the 5th Circuit's opinion, denouncing 18 U.S.C. § 922(g)(3) as an unconstitutional restriction on the Second Amendment. 

However, Higginson warned that "further reductionism" under Bruen "will mean systematic, albeit inconsistent, judicial dismantling of the laws that have served to protect our country for generations." 

"This state of affairs will be nothing less than a Second Amendment caricature, a right turned inside out, against freedom and security in our State," Higginson wrote.

Raskin rips GOP Biden probe as ‘embarrassing’ after release of more explosive bank records

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The top Democrat on the House Oversight Committee dismissed Chairman James Comer’s Wednesday morning release of bank records that appear to show Hunter Biden was paid upward of $20 million by Eastern European oligarchs.

The 19-page memo, which provides screenshots of redacted financial records, says millions of dollars in payments came from Ukrainian energy company Burisma Holdings, Russian oligarch Yelena Baturina and Kazakhstani oligarch Kenes Rakishev.

The records also suggest Joe Biden attended dinners with Baturina, Rakishev and a representative from Burisma while he was vice president.

But Rep. Jamie Raskin, D-Md., suggested Comer, R-Ky., failed to prove any wrongdoing on President Biden’s part. Raskin pointed to the fact that the bank records do not directly name Joe Biden.

‘MONEY GUY’: THIS HUNTER BIDEN BUSINESS PARTNER COULD BLOW THE LID OFF BIDEN FAMILY'S BUSINESS DEALINGS

"Committee Republicans have once again released information on financial transactions that do not involve the president. Instead, they rehash the same Hunter Biden business dealings that congressional Republicans identified at least three years ago," Raskin said.

"The evidence released since then — including the testimony of witnesses called and interviewed by the Republicans and the records reviewed as part of Chairman Comer’s probe — have all clearly established that President Biden was not involved in his son’s business dealings."

HUNTER BIDEN'S LONGTIME BUSINESS PARTNER VISITED OBAMA WH, VP RESIDENCE MORE THAN PREVIOUSLY KNOWN

Raskin accused Republicans of deliberately distorting and obfuscating facts and dismissed their entire probe of the Biden family as "embarrassing."

"Republicans have repeatedly twisted and mischaracterized the evidence in a transparent and increasingly embarrassing attempt to justify their baseless calls for an impeachment inquiry and distract from former President Trump’s dozens of outstanding felony criminal charges in three different cases," Raskin said.

OBAMA-ERA EMAILS REVEAL HUNTER'S EXTENSIVE TIES TO NEARLY A DOZEN SENIOR-LEVEL BIDEN ADMIN AIDES

According to the bank records, Hunter Biden and his former associate Devon Archer each received $83,333 per month from Burisma, totaling $3,321,379 from 2014 to 2015.

Archer spoke with House Oversight Committee staff last week in a marathon closed-door interview, during which he said the president’s son was selling the Biden "brand" and that President Biden "brought the most value to the brand."

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Archer said he heard President Biden on the phone with Hunter Biden while the latter was with their business associates on 20 occasions over the span of a decade but did not say they directly discussed business matters.

Fox News' Chad Pergram contributed to this report

August is often the strangest month in politics, and this year is no different

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Beware the ides of August.

I have written that line since the late "aughts" here on Capitol Hill.

Shakespeare penned the line, "Beware the ides of March," in his play "Julius Caesar."

A soothsayer had warned the Roman leader to not let up his guard around the middle of the month. And as it turns out, that’s when Caesar was assassinated on the "ides of March" — March 15.

DON'T PAY CONGRESS IF GOVERNMENT SHUTS DOWN, SAYS GOP LAWMAKER

What an omen.

Foreboding. Cursed. Ominous.

In fact, the entire month of March can sometimes appear that way meteorologically.

We use a different metric in politics and specifically on Capitol Hill. August shouldn’t be such a terrifying month. After all, it’s summer. But without a doubt, some of the most utterly strange and consequential political events form in August.

This is ironic in Washington. That’s because the House and Senate are usually out of session for most of August.

HOW LONG IS TOO LONG? CONGRESSIONAL HEALTH SCARES RAISE QUESTIONS ABOUT FITNESS TO SERVE

But periodically, the vacuum of Congress being away from Washington actually generates its own news. That’s because some major issue may erupt, pressing Congress into meeting in August when it's not supposed to do so. Occasionally an event is so significant that lawmakers are summoned back to Washington to tackle a catastrophic issue.

Congress is long gone from Washington this August. Both the House and Senate abandoned the nation’s capital in late July. The House even cut town a day early after Republicans couldn’t reach consensus on approving an agriculture appropriations bill. So it would take a lot to siphon lawmakers back to town this August.

But real world events have a way of doing that.

Congress remained in session into early August in 2011 to wrestle with the debt ceiling. That coincided with the day that former Rep. Gabrielle Giffords, D-Ariz., miraculously returned to Congress just months after being shot in the head. And a few days later, Standard & Poor’s downgraded the credit worthiness of the federal government due to the debt ceiling drama.

Lawmakers returned in late August 2013 for intelligence briefings on Syria. Former President Obama was trying to engineer support for potential military action in and around Syria. But the votes on Capitol Hill never materialized.

The Democratically-controlled House famously failed to approve a crime bill in August 1994, when crime spiked around the nation. Democrats viewed adoption of the crime bill as key to their electoral success heading into the midterm elections. A few weeks later, Democrats successfully marshaled the votes, and recalled the House in late August to approve the crime bill.

As it turned out, Republicans tethered the bill to the Democrats and won the House that fall for the first time in 40 years.

CONGRESS SHOULD USE ‘POWER OF THE PURSE’ TO FORCE CHANGES AT DOJ, DHS: REP. CHIP ROY

All because of what unfolded in August.

Something similar unfolded in August 2009. And, to a lesser degree, in August of 2010.

Congress was out for the month in 2009. But congressional Democrats were trying to pass Obamacare. Republicans met this effort with vitriolic town halls. The tea party was on the rise, opponents of the then-president and Republican loyalists showed up at town meetings to heckle and taunt Democrats. These raucous August sessions helped energize Republicans — especially after Congress approved the health care bill in March of 2010. Moreover, they captured a lot of news oxygen and dominated the headlines that August. That set the table for Republicans to win back the House in the 2010 midterms, capturing a staggering 63 seats.

All because of August.

In fact, Republicans began to hone this "August strategy" in the summer of 2008.

The House voted to leave for more than a month. Being a presidential election year, both Democrats and Republicans were holding their presidential conventions in August and early September.

But that didn’t stop Republicans from commandeering the House chamber on a daily basis to hold rump sessions and rail against the Democratic majority. House GOPers rotated a set of members on a daily basis — even dragging some members of the Capitol press corps into the chamber to observe the action. The GOPers would also bring in tourists. Republicans made sure they focused on their target: then-House Speaker Nancy Pelosi, D-Calif.

Republicans even claimed that Pelosi adjourned the House by herself and locked them out of the chamber. Never mind that roll call vote I mentioned earlier to adjourn for the conventions. And the speaker certainly didn’t lock anyone out. After all, the Republicans wouldn’t have made it into the chamber each day if the doors were locked.

But the rhubarb made a good show for Republicans in August 2008.

Sometimes non-political forces force Washington, D.C., into action in August. Congress returned to session in August 2006 after Hurricane Katrina pulverized the Gulf Coast.

Still, these episodes surrounding Congress in August pale to other major political news stories that emerged in August.

TRUMP INDICTMENT WOULD ‘BULLDOZE’ THE FIRST AMENDMENT IF IT SUCCEEDS: TURLEY

The late President Truman dropped bombs on Hiroshima and Nagasaki in August 1945.

Martin Luther King Jr. delivered his "I Have a Dream" speech in Washington in August 1963.

President Nixon resigned in August 1974 as President Ford took over.

It was still August 31, 1983, in Washington (barely) when the Soviets shot down a Korean Air Lines flight, killing all 269 people on board. Among the dead: late Rep. Larry McDonald, R-Ga.

Late Rep. Mickey Leland. R-Texas and congressional aides died in a plane crash in August 1989.

Iraq invaded Kuwait in August 1990, teeing up the first Gulf War in 1991.

Princess Diana died in Paris in August 1997.

Russia invaded Georgia in August 2008 — a partial prelude to today’s war in Ukraine.

Late Sen. Ted Stevens, R-Alaska, died in a plane crash in August 2010.

A 5.8 magnitude earthquake centered in Virginia rocked Washington, D.C., damaging the Capitol complex in August 2011.

The white supremacist "Unite the Right" rally unfolded in Charlottesville, Virginia, in August 2017.

And so far, this August has been far from inconsequential.

Special Counsel Jack Smith indicted former President Trump on charges of trying to overturn the election and linking him to the Capitol riot on Aug. 1. Trump appeared in federal court in the shadow of the Capitol on Aug. 3.

Sandwiched between that was a wild scene on the Senate side of the Capitol on Aug. 2. U.S. Capitol Police searched the Senate office buildings, in pursuit of a potential active shooter. The episode frightened hundreds of congressional aides, workers, reporters and tourists, all in the Senate office buildings.

This all unfolds as there is chatter about another indictment looming for the former president in Georgia. And congressional Republicans are sure talking about trying to impeach President Biden when lawmakers return in September. There will be lot of talk about impeachment this August, even if it doesn’t result in impeachment for the president.

Discussion about impeachment for then-President Trump really accelerated in August 2019 — resulting in his first impeachment later that year. It wouldn’t have happened but for the events of that August.

And, much like S&P in 2011, credit rater Fitch downgraded the federal government’s credit ratings this August due to the debt ceiling drama of the spring. That sparked a market selloff.

So August is seminal in politics.

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We’re now approaching the middle of August. If history is our guide, beware the ides of August.

Even if the ides of March get most of the attention.

Adam Schiff leads Democrat push to televise Trump trials: ‘Vitally important’

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Thirty-eight House Democrats led by Rep. Adam Schiff, D-Calif., are demanding that former President Trump’s federal criminal trials be televised for the public.

"We are writing to request the Judicial Conference explicitly authorize the broadcasting of court proceedings in the cases of United States of America v. Donald J. Trump," they said in a Thursday night letter to federal officials.

"It is imperative the Conference ensures timely access to accurate and reliable information surrounding these cases and all of their proceedings, given the extraordinary national importance to our democratic institutions and the need for transparency," they wrote.

It was sent hours after Trump pleaded not guilty to four charges related to his and his allies’ alleged efforts to overturn the 2020 presidential election.

INDICTMENT OF DONALD TRUMP IS A 'TERRIBLY TRAGIC DAY' AND SHOWS SPEECH IS NOW 'CRIMINALIZED': TRUMP ATTORNEY

Trump was arraigned in a Washington, D.C., court on Thursday after Special Counsel Jack Smith announced the second of two federal grand jury indictments against the former president. He is also under an earlier criminal indictment in New York City.

Federal courts largely do not allow cameras, with a few exceptions.

Howerver, the dozens of Democrats who addressed the Judicial Conference, which guides federal court policy, insisted that putting Trump’s trials on TV is critical for Americans to "fully accept" their outcome.

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

"As the policymaking body for the federal courts, the Judiciary Conference has historically supported increased transparency and public access to the courts’ activities. Given the historic nature of the charges brought forth in these cases, it is hard to imagine a more powerful circumstance for televised proceedings," the lawmakers wrote.

"If the public is to fully accept the outcome, it will be vitally important for it to witness, as directly as possible, how the trials are conducted, the strength of the evidence adduced and the credibility of witnesses," they wrote.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

Schiff was censured this year for promoting claims, while chairing the Intelligence Committee last Congress, that the Trump 2016 campaign colluded with Russia to win the election.

He also played a central role in both of Trump’s impeachment proceedings by House Democrats. He was an impeachment manager during the first, and was a member of the January 6 select committee when the former president was being impeached over the Capitol riot.

Other members of the now-defunct Jan. 6 panel signed Schiff’s letter, including its chairman, Rep. Bennie Thompson, D-Miss., as well as Reps. Jamie Raskin of Maryland, Pete Aguilar of California, and Zoe Lofgren of California.

A spokesperson for Trump did not immediately return a request for comment.

Trump allies cry election interference after former president arrested over 2020 race

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Former President Donald Trump’s allies are painting his Thursday arraignment as an attempt by President Biden to crush his political rival ahead of the 2024 election and distract from bribery allegations against his own family.

Trump pleaded "not guilty" to four federal counts stemming from alleged efforts to overturn his 2020 loss to Biden. It’s his second federal indictment and third criminal indictment in the span of less than five months. 

His Republican allies in Congress have continued to stick by him, however. GOP Conference Chair Elise Stefanik, the No. 3 leader in the House, echoed Trump’s repeated insistence that investigations into his conduct are "witch hunts."

"The unconstitutional and unprecedented arrest of President Donald J. Trump is truly a chilling chapter in Joe Biden’s weaponization of the Department of Justice against his leading political opponent who is beating Biden in many independent polls. President Trump had every right under the First Amendment to correctly raise concerns about election integrity in 2020," Stefanik, R-N.Y., said. 

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

"The American people are smart, and they know this is a politically charged witch hunt orchestrated by Joe Biden’s corrupt DOJ in a desperate attempt to distract the American people from the mounting evidence of Joe Biden’s direct involvement in his family’s illegal influence peddling scheme," she added,

Rep. Mary Miller, R-Ill., cited a 2014 statement from Biden expressing concern about Malaysia’s encroachment on its own rule of law.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

"Today, Joe Biden's DOJ did what Joe Biden used to condemn other countries for doing: arrest his political opposition to silence and intimidate them," Miller said. 

Another House Republican, Rep. Diane Harshbarger, R-Tenn., went a step further than condemnation and called for both a congressional investigation and Biden’s immediate impeachment. 

"Today’s politically-motivated arraignment of President Trump marks a dark day for our nation. Joe Biden’s persecution of President Trump is a blatant power grab and an attempt to silence the voices of millions of Americans," Harshbarger said. "I call on Congress to launch a full investigation into the politicization of our government agencies, and for an immediate impeachment inquiry against Joe Biden, who is directly responsible for this despicable witch hunt."

TRUMP'S 2024 GOP RIVALS WEIGH IN ON FORMER PRESIDENT'S JAN. 6 PROBE INDICTMENT

Both Rep. Marjorie Taylor Greene, R-Ga., and Sen. Marsha Blackburn, R-Tenn., also accused Biden of trying to tip the scales, despite the White House’s repeated insistence that the DOJ is independent.

"Trump is being targeted because the left knows he’s Biden’s greatest political threat," Blackburn said.

Greene said, "Biden’s DOJ is actively participating in election interference by trying to put his top political opponent, President Donald Trump, behind bars. It’s pure corruption."

Trump himself made similar comments after his arraignment and just before boarding his plane. "This is a very sad day for America," the former president said. "When you look at what's happening, this is a persecution of a political opponent."

Trump to plead ‘not guilty’ to charges stemming from special counsel’s Jan. 6 probe

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WASHINGTON D.C.--Former President Donald Trump on Thursday will plead ‘not guilty’ in federal court to all four federal charges stemming from Special Counsel Jack Smith's investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021, sources familiar said. 

Trump, the 2024 GOP front-runner, is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Trump traveled from his resort in Bedminster, N.J., Thursday to Washington D.C. His first court appearance took place at the U.S. District Court for the District of Columbia. 

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

US Magistrate Judge Moxila Upadhaya is presiding over Thursday's proceedings. Judge Tanya Chutkan will preside over the trial. Chutkan, a former assistant public defender before her appointment to the bench by President Barack Obama, has handled several cases involving individuals who entered the Capitol on January 6.

Trump posted to his Truth Social late Wednesday saying that the case "will hopefully be moved to an impartial Venue, such as the politically unbiased nearby State of West Virginia!" 

"IMPOSSIBLE to get a fair trial in Washington, D.C., which is over 95% anti-Trump, & for which I have called for a Federal TAKEOVER in order to bring our Capital back to Greatness," Trump posted. "It is now a high crime embarrassment to our Nation and, indeed, the World. This Indictment is all about Election Interference!!!" 

The indictment comes out of Smith's investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.

On Jan. 6, 2021, pro-Trump rioters breached the U.S. Capitol during a joint session of Congress to certify the Electoral College results in favor of President Biden.

The House of Representatives drafted articles of impeachment against him on a charge of inciting an insurrection for the Jan. 6 Capitol riot — making him the first and only president in history to be impeached, and ultimately acquitted, twice. 

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty in federal court in the Southern District of Florida to 37 counts related to his alleged improper retention of classified records from his presidency.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

Those charges include willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump was charged with an additional three counts as part of a superseding indictment out of that probe last week.

Trump is the first former president in U.S. history to face federal criminal charges. 

The former president posted again to his Truth Social Thursday morning, accusing the Biden administration of bringing criminal charges against him to drain funds from his 2024 presidential campaign. 

"Look, it’s not my fault that my political opponent in the Democrat Party, Crooked Joe Biden, has told his Attorney General to charge the leading (by far!) Republican Nominee & former President of the United States, me, with as many crimes as can be concocted so that he is forced to spend large amounts of time & money to defend himself," Trump said. "The Dems don’t want to run against me or they would not be doing this unprecedented weaponization of "Justice." BUT SOON, IN 2024, IT WILL BE OUR TURN. MAGA!"

Campaign finance documents show Trump, the Republican presidential front-runner, burned through at least $42.8 million this year, much of it used to cover costs related to his mounting legal peril. The former president has $31.8 million cash on hand.

Trump has also pleaded not guilty to 34 counts in New York in April stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump is accused of falsifying business records related to hush-money payments made during the 2016 campaign.

This is a developing story. Please check back for updates. 

Trump to appear in federal court after being charged with crimes related to Jan 6

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Former President Donald Trump is scheduled to appear in federal court in Washington, D.C., Thursday afternoon after being indicted on charges that stem from Special Counsel Jack Smith’s investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021.

Trump, the 2024 GOP front-runner, faces four federal charges, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

The former president is expected to travel from Bedminster, New Jersey, to Washington, D.C., on Thursday. He was ordered to appear in federal court for a 4 p.m. arraignment.

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty to 37 counts related to his alleged improper retention of classified records from his presidency.

Those charges include willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump was charged with an additional three counts as part of a superseding indictment out of that probe last week.

Trump is the first former president in U.S. history to face federal criminal charges. 

"The Defendant, Donald J. Trump, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 presidential election," Smith’s indictment states. "Despite having lost, the Defendant was determined to remain in power."

Smith alleged that "for more than two months following election day on November 3, 2020" Trump "spread lies that there had been outcome-determinative fraud in the election and that he had actually won." It lists various claims that Trump's team made during post-election state challenges in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

"These claims were false, and the Defendant knew that they were false," Smith alleged. "But the Defendant repeated and widely disseminated them anyway — to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election."

Smith said Trump, between Nov. 14, 2020, and Jan. 20, 2021, "did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to defraud the United States by using dishonest, fraud and deceit to impair, obstruct and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified by the federal government."

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

There are six unnamed co-conspirators in the indictment.

Reacting to the charges, a Trump campaign spokesperson told Fox News Digital in a statement that "this is nothing more than the latest corrupt chapter in the continued pathetic attempt by the Biden Crime Family and their weaponized Department of Justice to interfere with the 2024 Presidential Election, in which President Trump is the undisputed front-runner, and leading by substantial margins."

"But why did they wait two and a half years to bring these fake charges, right in the middle of President Trump’s winning campaign for 2024? Why was it announced the day after the big Crooked Joe Biden scandal broke out from the Halls of Congress?" the spokesperson wrote.

"The answer is, election interference!" the spokesperson continued. "The lawlessness of these persecutions of President Trump and his supporters is reminiscent of Nazi Germany in the 1930s, the former Soviet Union, and other authoritarian, dictatorial regimes."

"President Trump has always followed the law and the Constitution, with advice from many highly accomplished attorneys," the spokesperson added.

The indictment comes after Trump had announced that he received a target letter from the Justice Department, which also asked that he report to the federal grand jury. Trump said he anticipated "an arrest and indictment."

Smith was investigating whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.

On Jan. 6, 2021, pro-Trump rioters breached the U.S. Capitol during a joint session of Congress to certify the Electoral College results in favor of President Biden.

The House of Representatives drafted articles of impeachment against him again and ultimately voted to impeach him on a charge of inciting an insurrection for the Jan. 6 Capitol riot — making him the first and only president in history to be impeached, and ultimately acquitted, twice.

The Senate voted to acquit but, had Trump been convicted, the Senate would have moved to bar the 45th president from holding federal office ever again, preventing a 2024 White House run.

Trump has also pleaded not guilty to 34 counts in New York in April stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump is accused of falsifying business records related to hush-money payments made during the 2016 campaign.

Elsewhere, prosecutors in Fulton County, Georgia, are looking to wrap up their criminal investigation into Trump's alleged efforts to overturn the 2020 presidential election in the state.

Legal experts slam Jack Smith for bringing ‘lousy’ case against Trump: ‘Disinformation indictment’

Posted on by Latest Political News on Fox News

Legal experts are criticizing special counsel Jack Smith for his latest indictment against Donald Trump for accusing the former president of spreading disinformation and other activities protected by the First Amendment.

Trump was indicted out of Special Counsel Jack Smith’s investigation related to 2020 election interference and the Jan. 6, 2021 Capitol riot, and is facing charges such as conspiracy to obstruct an official proceeding.

"The most jarring thing about this indictment is it basically just accuses him of disinformation — this is a disinformation indictment," said legal scholar Jonathan Turley, a professor of public interest law at George Washington University and a Fox News contributor.

"It said [Trump] was spreading falsehoods, that [he] was undermining integrity of the election — that is all part of the First Amendment," Turley said. "And I think that courts will look skeptically."

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

Turley said that one thing that is noticeably absent from the indictment is a charge for "conspiracy for incitement" or "seditious conspiracy."

"Those were the claims the Democrats used in the impeachment and said the evidence was absolutely clear, people like (Rep.) Adam Schiff and others saying [Trump] is clearly guilty of those crimes," Turley explained. "Well, they’re not in here."

He added: "I think there are some serious legal problems with this indictment."

Andy McCarthy, a former federal prosecutor and assistant U.S. attorney for the Southern District of New York and a Fox News contributor, told Fox News Digital that Smith brought "a lousy case."

"I think all the counts have significant legal problems, and that’s even before you get to the complex problems of trying to prove Trump’s intent," McCarthy said.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

McCarthy said that one "significant problem" is the fraud that Smith has alleged.

"It is not actionable fraud as the Supreme Court has described fraud — as recently as May," McCarthy said. "The Supreme Court made very clear that fraud in federal law is a scheme to swindle someone out of money or physical property."

McCarthy added that this is "exactly the kind of case" the court was telling prosecutors not to bring, "and he brought it anyway."

McCarthy also dismissed the "conspiracy against rights" charge that Smith brought against Trump.

"Smith is using a statute enacted right after the Civil War, which was actually directed at violent intimidation by the Ku Klux Klan against Black voters in the South — which doesn’t have any connection to what we’re talking about here," McCarthy explained. "They applied that law to ballot box stuffing, so what Smith is trying to tease out of that case is what then-Justice Thurgood Marshall said in the 1960s: You don’t have to have violence. You just have to have activity that functionally cancels out people’s votes."

TRUMP PLEADS NOT GUILTY TO 37 FEDERAL FELONY CHARGES IN CLASSIFIED RECORDS CASE

McCarthy said the "most insidious thing" the special counsel does is "he doesn’t charge Trump with any violence because there is no connection."

"The Justice Department would love to charge Trump with seditious conspiracy, but the problem is, he said he supported a peaceful march on the Capitol," McCarthy said. "That may have been a stupid thing to do, but not a criminal thing to do."

McCarthy told Fox News Digital that Smith alleges that Trump "exploited the violence at the Capitol riot."

"That’s an unseemly thing for a prosecutor to do when he is not charging Trump with the Capitol riot," McCarthy explained. "Inconveniently for him, he has no evidence that Trump orchestrated them, or intended for them to do it."

McCarthy added that Smith put this into the indictment so he can argue that he "needs Capitol riot evidence in the trial."

"And then he’ll try to rush the trial in the run-up to the election," McCarthy said. "Then the American electorate will have Capitol riot imagery in the front of their minds as they go to vote in 2024."

DESANTIS CALLS FOR LAW ENFORCEMENT REFORMS AFTER TRUMP JANUARY 6 INDICTMENT 

But not every legal expert says Smith's case is weak. Laurence Tribe, professor of constitutional law emeritus at Harvard University, told Fox News Digital that Smith has brought an "airtight" indictment against the former president.

"The factual details, if true as claimed, leave Trump with no legitimate legal defenses," Tribe said. "And the sources for all the damning direct quotations, including those by Mr. Trump himself, are all individuals he hand-picked for their loyalty to him — they have no conceivable motive to lie. And there’s no chance they’re misremembering anything so stark."

Tribe told Fox News Digital that Trump’s "only hope to avoid conviction" on this latest set of charges is "to get someone installed as president who would pardon him or get the Justice Department to drop the case."

Smith announced the charges against Trump on Tuesday, saying Jan. 6 was "an unprecedented assault on the seat of American democracy."

"Described in the indictment, it was fueled by lies — lies by the defendant — targeted at obstructing a bedrock function of the U.S. government: the nation's process of collecting, counting and certifying the results of the presidential election," he said.

Trump has been ordered to appear in federal court in Washington, D.C., for his arraignment on Thursday at 4:00 p.m.

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty to 37 counts related to his alleged improper retention of classified records from his presidency.

Those charges include willful retention of national defense information, conspiracy to obstruct justice and false statements. Trump was charged with an additional three counts as part of a superseding indictment out of that probe last week.

Biden takes leisurely bike ride at Delaware vacation home as Hunter Biden scandal surges

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President Biden embarked on a leisurely bike ride with Secret Service agents and a golf cart full of medical staffers in Delaware on Wednesday.

Biden pedaled past reporters with the White House press corps who were holding position near the trail. The ride comes as the president faces a growing scandal relating to his involvement in his son Hunter Biden's business dealings in Ukraine and elsewhere.

"How are ya?" Biden shouted to reporters in a jovial tone as he passed them by Wednesday.

Biden was followed by a single Secret Service agent on a bike. A train of other bikers and golf carts also trailed behind him, carrying other agents and medical staffers.

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Biden's stay in Delaware this week comes after former Hunter Biden associate Devon Archer testified in a closed door congressional meeting on Monday.

Archer spoke with House Oversight staff for roughly five hours, telling lawmakers that Biden was on the phone with Hunter's business partners at least 20 times over a 10-year period. Republicans argue the testimony shows culpability for Biden, who has said multiple times that he has never discussed nor participated in business with his son.

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Democrats have sought to dismiss the testimony, however, arguing that Biden may have spoken on the phone with Hunter's business partners, but he did not participate in their dealings.

"Like many people, Hunter spoke with his father every day and would often put his father, occasionally would put his father on to say hello to whomever he happened to be caught at dinner with, and Mr. Archer clarified that was sometimes people that they were having, you know, they were trying to do business with, and it was sometimes friends or other social engagements," Rep. Dan Goldman, D-N.Y., said on CNN this week.

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Republican critics argue Biden was assisting Hunter's deals by taking the phone calls, which reinforced Hunter's impression that he could influence his father's policy decisions.