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Impeachment threat hits judge who blocked Trump federal funding freeze

Posted on by Latest Political News on Fox News

Rep. Andrew Clyde, R-Ga., is threatening to file articles of impeachment against a federal judge who blocked President Donald Trump's federal funding freeze.

"I’m drafting articles of impeachment for U.S. District Judge John McConnell Jr.," Clyde wrote on X.

"He’s a partisan activist weaponizing our judicial system to stop President Trump’s funding freeze on woke and wasteful government spending. We must end this abusive overreach. Stay tuned."

SCOOP: KEY CONSERVATIVE CAUCUS DRAWS RED LINE ON HOUSE BUDGET PLAN

U.S. District Judge John McConnell filed a new motion Monday ordering the Trump administration to comply with a restraining order issued Jan. 31, temporarily blocking the administration’s efforts to pause federal grants and loans. 

McConnell’s original restraining order came after 22 states and the District of Columbia challenged the Trump administration’s actions to hold up funds for grants, such as the Climate Pollution Reduction Grant and other Environmental Protection Agency programs. However, the states said Friday that the administration is not following through and funds are still tied up.  

A three-judge panel on the 1st U.S. Circuit Court of Appeals rejected the Trump administration’s appeal of the order on Tuesday.

McConnell has come under fire by Trump supporters and conservatives who have accused him of being a liberal activist. 

Clyde and others have cited a video of McConnell in 2021 saying courts must "stand and enforce the rule of law, that is, against arbitrary and capricious actions by what could be a tyrant or could be whatnot."

"You have to take a moment and realize that this, you know, middle-class, white, male, privileged person needs to understand the human being that comes before us that may be a woman, may be Black, may be transgender, may be poor, may be rich, may be — whatever," McConnell said in the video, according to WPRI.

Elon Musk wrote on X in response, "Impeach this activist posing as a judge! Such a person does great discredit to the American justice system."

BLACK CAUCUS CHAIR ACCUSES TRUMP OF 'PURGE' OF 'MINORITY' FEDERAL WORKERS

Clyde confirmed he was preparing articles of impeachment when asked by Fox News Digital on Thursday.

"For a federal judge to deny the executive their legitimate right to exercise their authority is wrong," Clyde told Fox News Digital. "This type of judge, this political activist – this radical political activist – should be removed from the bench."

When reached for a response to Clyde's threat, the U.S. District Court for the District of Rhode Island said McConnell "often sits down with members of the media upon request" but did not comment on pending cases.

Trump’s allies have been hammering the judges who have issued a series of decisions curbing the president’s executive orders.

Rep. Eli Crane, R-Ariz., threatened to prepare impeachment articles against another judge earlier this week, U.S. District Judge Paul Engelmayer of the U.S. Southern District of New York, for blocking Trump’s Department of Government Efficiency from accessing Treasury records.

Obama officials, Trump critics target Hegseth’s Ukraine ‘concessions’ as ‘biggest gift’ to Russia

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Obama officials and Trump critics are up in arms after Defense Secretary Pete Hegseth said a return to the Eastern European country's pre-war borders with Russia is "unrealistic." 

Hegseth, speaking to the Ukraine Defense Contact Group in Belgium on Wednesday, said "returning to Ukraine’s pre-2014 borders is an unrealistic objective." He also called for Europe to offer Ukraine security guarantees after the war – not the U.S. 

Trump administration critics accused the secretary of giving up leverage before the start of peace negotiations with Russia. 

"Putin is gonna pocket this and ask for more," Brett Bruen, director of Global Engagement under the Obama White House, told Fox News Digital. 

RUSSIAN MISSILES RAINED DOWN ON KYIV JUST AHEAD OF TREASURY SECRETARY SCOTT BESSENT'S VISIT

Hegseth said Wednesday that "durable peace" for Ukraine must "ensure that the war will not begin again."

"The United States does not believe that NATO membership for Ukraine is a realistic outcome of a negotiated settlement. Instead, any security guarantee must be backed by capable European and non-European troops," he said. 

"If these troops are deployed as peacekeepers to Ukraine at any point, they should be deployed as part of a non-NATO mission and not covered under Article 5. There also must be robust international oversight of the line of contact. To be clear, as part of any security guarantee, there will not be U.S. troops deployed to Ukraine."

While it is little surprise the Trump administration does not currently support Ukraine’s NATO membership, or believe Ukraine can take back all of its territory including Crimea, critics argue that Hegseth vocalizing these beliefs just as President Donald Trump fired the opening salvo in peace negotiations took them off the table as leverage. 

"Why would you unilaterally surrender on some of those key strategic issues? Even if Trump ultimately wants to give ground, at least get something in return," Bruen said. 

‘NO BETRAYAL’ IN TRUMP MOVE TOWARD UKRAINE WAR NEGOTIATIONS, HEGSETH SAYS

"Anyone with any diplomatic experience would have said it is critical that we use this as part of our negotiation, as President Trump wants to have with Moscow. But the idea that we're simply going to announce all of the things that we are not going to do goes against 70 years of our diplomacy and our military strategy." 

Michael McFaul, ambassador to Russia under the Obama administration, asked why the Trump administration appeared to be giving Russian President Vladimir Putin wins for free. 

"Why is the Trump administration giving Putin gifts – Ukrainian land and no NATO membership for Ukraine – before negotiations even begin?" he asked on X. "I've negotiated with the Russians. You never give up anything to them for free."

Alexander Vindman, a Trump impeachment witness and former Europe director at the National Security Council – who continues to be a fierce Trump critic – characterized Hegseth's comments as "complete capitulation to Putin" that justifies Russia's wars of aggression going back to Georgia in 2008.

"This will embolden Putin and undermine the interests of peace in Ukraine and Europe. A major blow to U.S. national security," Vindman asserted.

Rep. Judy Chu, D-Calif., chimed in that Hegseth's comments show, "Trump's foreign policy has always been Russia First. Never America and its allies first." 

The defense secretary also called on Europe to "take ownership of conventional security on the continent."

HEGSETH WARNS EUROPEANS 'REALITIES' OF CHINA AND BORDER THREATS PREVENT US FROM GUARANTEEING THEIR SECURITY

"European allies must lead from the front," Hegseth said. "Together, we can establish a division of labor that maximize our comparative advantages in Europe and Pacific, respectively."

His comments came just before Trump called both Putin and Ukrainian President Volodymyr Zelenskyy and as Treasury Secretary Scott Bessent traveled to Kyiv. 

On Friday, Vice President JD Vance and Secretary of State Marco Rubio will meet with Zelenskyy on the sidelines of the Munich Security Conference. 

The Putin conversation came one day after the release of American Marc Fogel, who had been detained by the Kremlin, which Trump said he saw as a sign of "good faith" by the Russians. 

Trump, meanwhile, has begun pressuring Ukrainians to turn over access to rare Earth minerals in exchange for security aid. Bessent presented Ukraine with a draft deal exchanging aid for minerals on Wednesday in Kyiv, according to Zelenskyy. 

"We agreed to work together, very closely, including visiting each other’s Nations," Trump posted to Truth Social on Wednesday of his call with Putin. "We have also agreed to have our respective teams start negotiations immediately." 

He announced that he would asked Rubio, Director of the CIA John Ratcliffe, National Security Advisor Michael Waltz and Middle East envoy Steve Witkoff to lead negotiations. 

Trump also said his call with Zelenskyy went "very well." 

"​​It is time to stop this ridiculous War, where there has been massive, and totally unnecessary, DEATH and DESTRUCTION. God bless the people of Russia and Ukraine!"

Key House Democrat rips Musk for usurping presidential powers, says some have discussed impeachment

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Despite not being the president, Elon Musk stands accused of usurping three presidential powers through his Department of Government Efficiency's (DOGE) efforts to cut costs and downsize the scope of the federal government. 

U.S. Rep. Jamie Raskin, D-Md., appeared Sunday on MSNBC's "The Weekend," and he was asked if Republicans have joined him and other Democrats to back the "Nobody Elected Elon Musk Act," which was introduced to rein in DOGE, the cost-cutting agency that has targeted certain government programs. 

"At this point, they're either out there cheerleading for Elon Musk or more and more of them are getting real quiet because they see the public does not like this," said Raskin, who is proposing the legislation. 

"The public does not like the idea that a guy who would not even be constitutionally eligible to run for president is acting as president.

FEDERAL JUDGE ORDERS LIMITED DOGE ACCESS TO SENSITIVE TREASURY DEPARTMENT PAYMENT SYSTEM RECORDS

"A guy who, if he were president, would be impeached immediately because he’s taking billions of dollars in foreign government emoluments from all over the world," he added. "And some have actually been talking about impeaching President Elon Musk right now on the theory that he’s usurped the powers of the presidency."

Raskin said Musk wants to create a "techno monarchy" amid his cost-cutting through DOGE. 

"Elon Musk would really like to completely overthrow our system of government and move us into some kind of techno monarchy under the geniuses of Silicon Valley," he said. 

HEGSETH SAYS DOGE WELCOME AT PENTAGON AS DEFENSE DEPARTMENT REVIEWS MILITARY POSTURE GLOBALLY

Musk's role in the Trump administration has garnered praise from Republicans and drawn the ire of Democrats who worry about his access to government databases and say he is trying to take over the government in a way that's not transparent.

"The people voted for major government reform," Musk told reporters Tuesday from the Oval Office alongside Trump. "There should be no doubt about that. That was on the campaign. The president spoke about that at every rally. The people voted for major government reform. And that's what people are going to get."

Since President Donald Trump has taken office, DOGE has set its sights on the United States Agency for International Development (USAID) and the Treasury Department. 

A judge recently issued a temporary restraining order blocking the Musk-led department and political appointees from accessing sensitive Treasury Department data. Trump has also directed DOGE to probe the Education and Defense departments for wasteful spending.

"Billions and billions of dollars in waste, fraud and abuse," Trump said Tuesday. "And I think it's very important. And that's one of the reasons I got elected."

Musk defended DOGE, saying the group is targeting bureaucracies that don't provide anything in return to taxpayers, as well as targeting America's debt. 

"What we have is this unelected, fourth unconstitutional branch of government, which is the bureaucracy, which has, in a lot of ways, currently more power than any elected representative," Musk said. "And this is not something that people want. It does not match the will of the people. So, it's just something we've got we've got to fix.

"So, what I really would say is it's not optional for us to reduce the federal expense," he added. "It's essential."

‘Constitutional crisis’: The Impoundment Control Act takes center stage amid Russell Vought’s confirmation

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A power struggle concerning government spending is heating up in Washington, D.C., igniting what some Senate Democrats call a "constitutional crisis" amid the Trump administration’s efforts to curb government waste. 

The conflict stems from President Donald Trump's pick to lead the Office of Management and Budget (OMB), Russell Vought, and was exacerbated when the Trump administration announced it would freeze federal grants and loans on Jan. 27 in an OMB memo. 

Both Trump and Vought share a common point of contention: the Impoundment Control Act. 

The 1974 law, which Trump and Vought both argue is unconstitutional, reasserts Congress' power of the purse and bars the executive branch from unilaterally side-stepping Congress and withholding appropriated funds. 

However, many legal experts warn that the matter is not up for debate, and the courts are clear; it is unconstitutional for the executive branch to divert dollars Congress has authorized. 

The Senate voted to confirm Vought on Thursday by a 53–47 margin along party lines, following a 30-hour delay from Democrats in protest against his nomination. 

Republicans claim that Vought is qualified to lead the department because he previously served in that role during Trump’s first term. Sen. Majority Leader John Thune, R-S.D., said Wednesday that Vought would "be able to hit the ground running."

However, Democrats remained staunchly opposed to Vought's nomination and claimed his views on impoundment disqualified him from the role, with Sen. Richard Blumenthal, D-Conn., arguing on Wednesday that Trump and Vought believe "they may be above the law." 

However, what is the Impoundment Control Act? Here is a look at what's up for debate regarding government spending — and what changes could emerge during the Trump administration. 

Article I of the U.S. Constitution grants Congress the authority to manage the federal budget to determine funding decisions to balance power between the branches of government. 

However, the act of impoundment occurs when the executive branch chooses to not spend these approved dollars from Congress, since the executive branch and the Office of Budget and Management do oversee the actual spending of the approved funds. 

Should a president want to spend less than what Congress has budgeted, the executive branch must secure approval from Congress. Deferring funds also requires the executive branch to inform Congress. 

As a result, Congress passed the 1974 Impoundment Control Act to establish these proper channels of congressional oversight if a president chooses to withhold or defer these funds. 

‘ULTRA-RIGHT’: TRUMP BUDGET CHIEF PICK RUSSELL VOUGHT FACES FIRE FROM DEM SENATORS

Vought’s opponents voiced concern that his leadership would lead to more cases like the freeze of federal grants and loans disclosed in an OMB memo on Jan. 27, a move that Democrats say was illegal and violated the Impoundment Control Act. 

"As much as Trump desires it, the president is not a king," Senate Budget Committee ranking member Jeff Merkley, D-Ore., told reporters on Jan. 28. "As much as Trump desires it, a law is not a suggestion."

"These are not questions of opinion," Merkley said. "These are principles at the heart of our constitutional system. It's at the heart of our checks and balances, and thus we have a constitutional crisis."

Vought repeatedly defended his stance that the Impoundment Control Act was unconstitutional in multiple confirmation hearings and claimed that presidents historically could spend less than what Congress had earmarked prior to 1974. 

Proponents of executive impoundment frequently point to Thomas Jefferson’s administration in 1803, when Congress appropriated funding for 15 gunboats. However, Jefferson held off on purchasing the boats to not aggravate France amid delicate discussions between then-Secretary of State James Madison and Napoleon. The purchase of the boats eventually became unnecessary following the Louisiana Purchase. 

Additionally, Vought’s Center for Renewing America, a nonprofit Vought founded in 2021, has said impoundment allows the executive branch to exert fiscal discipline and that the president has the authority to determine if funds are used in the most efficient manner. 

Vought did not respond to a request for comment from Fox News Digital. 

However, according to multiple legal experts, the Constitution and the courts are clear that spending appropriations fall under the parameters of the legislative branch. 

Michael McConnell, director of the Constitutional Law Center at Stanford Law School, told Fox News Digital, "The president has the constitutional obligation to take care that the laws be faithfully executed, and that includes spending.

"So I don't know where Mr. Vought gets the view that somehow the president has the right to decide what the government is going to spend money on," he said. "This is Congress' job."

Despite Trump and Vought’s views that the Impoundment Control Act is unconstitutional, McConnell said that he believed there is "no reasonable prospect that the court is going to agree with that.

"The person who would have been the recipient of the funding will have some standing to sue," McConnell said. "So, I would assume that if there's an impoundment, there will be an immediate lawsuit under the Impoundment Control Act." 

TRUMP TREASURY PICK: EXTENDING TRUMP TAX CUTS ‘SINGLE MOST IMPORTANT ECONOMIC ISSUE’

Other legal experts agreed that should the Trump administration attempt to withhold funds, the courts would step in and assert that there is no legal basis to do so. 

That is because this is not a murky legal issue, according to Georgetown Law professor Stephen Vladeck. 

"There are contested issues of constitutional law, but this just isn't one of them," Vladeck told Fox News Digital. "Were it otherwise, there wouldn't be much point in having a legislative branch."

Legal experts claim the courts historically have upheld the constitutionality of the Impoundment Control Act, and point to the 1975 case Train v. City of New York. In that case, the Supreme Court determined the Environmental Protection Agency must use full funding included in the Federal Water Pollution Control Act Amendments of 1972, even though then-President Richard Nixon issued orders not to use all the funding.

Vought himself admitted in a Jan. 22 confirmation hearing that no court of law has found the Impoundment Control Act unconstitutional. 

The courts did step into action following the recent OMB memo outlining a pause in federal grants and loans, and two federal judges have temporarily blocked the freeze. 

Although the White House did rescind the memo pausing the federal aid on Jan. 29, White House press secretary Karoline Leavitt said that the move did not equate to a "rescission of the federal funding freeze." 

The White House did not respond to a request for comment from Fox News Digital on Vought's nomination and comments from Democrats that the memo was "illegal." 

The memo did not appear to alarm Republican leadership in Congress, who publicly characterized the pause as standard protocol during an administrative turnover. 

"I think that's a normal practice at the beginning of administration, until they have an opportunity to review how the money is being spent," Senate Majority Leader John Thune, R-S.D., told reporters on Jan. 27. "We'll see kind of what the extent of it is, and … what they intend to do in a more fulsome way. But for now, I think it's just, it's just kind of a preliminary step that I think most administrations take," Thune said. 

House Speaker Mike Johnson, R-La., also told reporters on Jan. 27 the memo did not concern him and that he "fully" supported it, labeling the directive a "common application of common sense."

Even so, the memo further intensified opposition to Vought’s nomination. Specifically, Democrats urged the entire Senate to reject Vought’s nomination on Jan. 30 in response, following a committee vote advancing his nomination to the Senate floor. 

Merkely noted that Vought oversaw the OMB in 2019 when the office held up $214 million in military aid for Ukraine — an issue that emerged as a key point in Trump’s first impeachment. Ultimately, the Government Accountability Office determined in 2020 the move did violate the Impoundment Control Act, ahead of Trump's Senate impeachment trial. The Senate ultimately voted to acquit Trump.

Therefore, Merkley characterized Vought as "dangerously unfit" to lead OMB and a "dangerous threat to our constitutional system of representative democracy." 

Josh Chafetz, a professor at Georgetown Law, said such language such as "constitutional crisis" is reasonable considering Congress’s spending power is one of the few but critical ways the legislative branch ensures the executive branch doesn’t exert too much power. 

"These kinds of impoundments are not just unconstitutional, but they're actually anti-constitutional," Chafetz told Fox News Digital. "They strike at the very foundation of our constitutional order."

Democrats also don’t believe the recent memo is an isolated incident. Sen. Minority Leader Chuck Schumer, D-N.Y. cautioned on Jan. 30 that Vought would seek to withhold funds again overseeing OMB — if the Senate confirms him. 

Vought himself signaled the Trump administration could initiate reform on impoundment law. In a confirmation hearing on Jan. 22, Vought told lawmakers that while an exact strategy is not intact yet, the Trump administration plans to complete a review with the Justice Department to explore the "parameters of the law with regard to the Impoundment Control Act," should the Senate confirm him.

Vought also noted that some lawmakers who agree with his position on impoundment have proposed legislation on the matter. For example, Sen. Mike Lee, R-Utah, introduced legislation in December 2024 to repeal the Impoundment Control Act, arguing that the law’s "unconstitutional limitations" on the executive branch have "contributed to a fiscal crisis." 

GET TO KNOW DONALD TRUMP'S CABINET: WHO HAS THE PRESIDENT-ELECT PICKED SO FAR?

While many legal experts agree the legislative branch is the proper channel for reforming the Impoundment Control Act, Chafetz doubts there is an appetite to do so and that lawmakers on both sides of the aisle would ultimately view such attempts as an "attack on their institution."  

As a result, Vladeck said that the Trump administration only has two means to navigate the Impoundment Control Act: either adhere to it or modify it. 

"As for what we can expect going forward, it's entirely possible that the administration will try to push the envelope," Vladeck said. "But the onus ought to be on the administration to follow the procedure Congress and the president agreed to in 1974 — or to make the case for why he shouldn't have to." 

Trump removes Antony Blinken, Letitia James, Alvin Bragg’s security clearances among others

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President Donald Trump decided Saturday to remove security clearances for several Democrats, including former Secretary of State Antony Blinken, Manhattan District Attorney Alvin Bragg, and New York Attorney General Letitia James, both of whom are vocal Trump critics, Fox News has learned. 

"Bad guy. Take away his passes," Trump told the New York Post of Blinken, Biden's Secretary of State. 

James and Bragg were involved in prosecuting Trump in New York last year and James' office filed a lawsuit on Friday on behalf of 18 other Democratic state attorneys general over the Department of Government Efficiency's access to the Treasury Department's payment system.

Former National Security Advisor Jake Sullivan, Biden’s Deputy Attorney General Lisa Monaco, and attorneys Andrew Weissmann, Mark Zaid and Norm Eisen, also had their clearances revoked. 

‘JOE, YOU’RE FIRED': PRESIDENT TRUMP REVOKES BIDEN'S SECURITY CLEARANCES, INTEL BRIEFINGS 

Eisen, an anti-Trump lawyer, also represents anonymous FBI agents suing the Department of Justice to block the public identification of agents who investigated the Jan. 6 riot.

He also worked with House Democrats on Trump’s first impeachment. 

The move comes a day after Trump stripped his predecessor, former President Joe Biden, of his security clearance and his access to presidential daily briefs. 

"There is no need for Joe Biden to continue receiving access to classified information," Trump wrote in a post on Truth Social Friday night.

He added the precedent was set by Biden himself.

TRUMP CONSIDERS SHUTTING DOWN FEMA AS KRISTI NOEM MEETS HURRICANE HELENE SURVIVORS

"He set this precedent in 2021, when he instructed the Intelligence Community (IC) to stop the 45th President of the United States (ME!) from accessing details on National Security, a courtesy provided to former Presidents," Trump wrote.

At the time, Biden claimed Trump was exhibiting "erratic behavior." 

Former presidents usually continue to receive intelligence briefings after leaving office. 

"The Hur Report revealed that Biden suffers from ‘poor memory’ and, even in his ‘prime,’ could not be trusted with sensitive information. I will always protect our National Security — JOE, YOU’RE FIRED. MAKE AMERICA GREAT AGAIN!" Trump wrote on Truth Social on Friday. 

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The 2024 Hur Report followed an investigation into Biden's handling of classified documents. 

Alexandra Koch contributed to this report. 

Who is Norm Eisen? Meet the anti-Trump attorney repping FBI agents suing the DOJ

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One of the attorneys representing anonymous FBI agents suing the Department of Justice to block the public identification of agents who investigated Jan. 6 is a longtime anti-Trump lawyer who worked with House Democrats on President Donald Trump’s first impeachment. 

Norm Eisen is an attorney, CNN legal analyst and expert at the Brookings Institution public policy think tank who previously served as the U.S.' ambassador to the Czech Republic and special counsel for ethics and government reform under the Obama administration, when he earned the nicknames "Dr. No" and "The Fun Sponge" for reportedly ensuring the administration abide by ethics rules. 

Eisen appeared in court on Thursday for a hearing before U.S. District Judge Jia M. Cobb involving a pair of lawsuits filed by two groups of FBI agents who investigated the Jan. 6 breach of the Capitol Building as well as former special counsel Jack Smith's investigations and cases against Trump. 

Eisen serves as executive chair of State Democracy Defenders Fund, which filed a lawsuit Tuesday on behalf of the FBI agents who investigated Trump-related cases. State Democracy Defenders Fund is a nonprofit that bills itself as focused on defeating "election sabotage" and "autocracy in 2025 — and beyond."

FBI AGENTS SUE TRUMP DOJ TO BLOCK ANY PUBLIC IDENTIFICATION OF EMPLOYEES WHO WORKED ON JAN. 6 INVESTIGATIONS

"Credible reports indicate the FBI has been directed to systematically terminate all Bureau employees who had any involvement in investigations related to President Trump, and that Trump’s allies in the DOJ are planning to publicly disseminate the names of those employees they plan to terminate," State Democracy Defenders Fund wrote in its press release of the emergency order to block the public release of FBI personnel names involved in the Jan. 6 investigation. 

Fox News Digital took a look back on Eisen's rhetoric and actions across the past few years and found that he has repeatedly been at the forefront of the legal cases against Trump, notably serving as co-counsel for the House Judiciary Committee during the first impeachment of Trump beginning in 2019. 

FBI AGENTS GROUP TELLS CONGRESS TO TAKE URGENT ACTION TO PROTECT AGAINST POLITICIZATION

House Democrats tapped Eisen — who early in his career specialized in financial fraud litigation and investigations — to help lead the first impeachment against the 45th president, which accused Trump of abuse of power and obstruction of Congress related to allegedly seeking foreign interference from Ukraine to boost his re-election efforts in 2020. The House adopted two articles of impeachment against Trump, but the Senate ultimately voted to acquit him. 

Eisen revealed following the impeachment effort that he initially drafted 10 articles of impeachment against Trump, not just two, which would have included issues such as "hush money" payments to former porn star Stormy Daniels. Although the payments were not included in the impeachment articles, they were a focal point of the Manhattan v. Trump trial that found Trump guilty of 34 counts of falsifying business records in May 2024. 

FBI AGENTS DETAIL J6 ROLE IN EXHAUSTIVE QUESTIONNAIRE EMPLOYEES 'WERE INSTRUCTED TO FILL OUT'

"This was only the third impeachment trial of a president in American history, so it's remarkable that we even got those two," Eisen said in an NPR interview in 2020. "I will tell you that those two articles are a microcosm of all 10 of the impeachment articles that we drafted. They have features of all 10." 

Eisen told Fox News Digital, when asked about his history of anti-Trump cases, that he was initially open to working with the first Trump administration, but that the president, "turned against the Constitution."

"I was initially open to Trump and even advised his first presidential transition," Eisen told Fox Digital in an emailed comment on Friday. "But he turned against the Constitution and laws."

"In his first administration and now, he was and is using the presidency to break the law and to help himself and his cronies like Elon Musk — not the American people," he continued. "To ensure the integrity of our democracy, I am pushing back through the bipartisan institutions I work with such as State Democracy Defenders Fund, which has strong conservative representation on our board." 

Eisen is the co-founder of the nonprofit Citizens for Responsibility and Ethics in Washington, which made waves in 2023 and 2024 when it helped to initiate a Colorado court case to remove Trump from the primary ballot in the state, The New York Times reported.  

The lawsuit, which ultimately landed in the Supreme Court, argued that Trump should be deemed ineligible from holding political office under a Civil War-era insurrection clause and that his name should thus be barred from appearing on the 2024 ballot. The group said that Trump’s actions on Jan. 6, 2021, when supporters breached the U.S. Capitol, violated a clause in the 14th Amendment that prevents officers of the United States, members of Congress or state legislatures who "engaged in insurrection or rebellion" against the Constitution from holding political office.

Other states made similar legal claims to remove Trump, but each of the nine Supreme Court justices ruled in Trump’s favor in a decision released last March, ending the Colorado case and all others that were similar. 

DOJ DIRECTS FBI TO FIRE 8 TOP OFFICIALS, IDENTIFY EMPLOYEES INVOLVED IN JAN. 6, HAMAS CASES FOR REVIEW

The State Democracy Defenders Action, which Eisen co-founded, has also been involved with other Trump-involved court cases, including in the Manhattan v. Trump case. The group helped file an amicus brief in February, advocating that presiding Judge Juan Merchan sentence Trump just days ahead of his inauguration. Trump was ultimately sentenced to unconditional discharge, meaning he faces no fines or jail time. 

​​Trump was found guilty of 34 counts of falsifying business records in the Manhattan case in May 2024. Manhattan District Attorney Alvin Bragg's office worked to prove that Trump had falsified business records to conceal a $130,000 payment to former porn star, Stormy Daniels, ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006.

Eisen also founded another group, the States United Democracy Center, which filed an amicus brief in 2024 in Fulton County, Georgia, court, advocating that District Attorney Fani Willis' racketeering case against Trump not be dismissed. 

ANTI-TRUMP FBI AGENT RESPONSIBLE FOR OPENING JACK SMITH ELECTOR CASE AGAINST PRESIDENT: WHISTLEBLOWER

The Georgia Court of Appeals ruled in December 2024 that Willis and her office are barred from prosecuting the case. The case worked to prove that Trump had led a "criminal racketeering enterprise" to change the outcome of the 2020 election in Georgia. Trump has maintained his innocence in that case, as well as the other federal and state charges brought against him between the 2020 and 2024 election, slamming them as Democrat lawfare. 

Eisen, in his capacity as executive chair and founder of State Democracy Defenders Fund, also sent a letter to Senate Judiciary Chair Chuck Grassley, R-Iowa, and ranking Committee Member Sen. Dick Durbin, D-Ill. on Monday to speak out against Kash Patel's nomination as director of the FBI under the second Trump administration. Eisen said he had ethics concerns surrounding Patel's previous work in Qatar. 

MAJOR FBI CHANGES KASH PATEL COULD MAKE ON DAY 1 IF CONFIRMED AS DIRECTOR

The FBI lawsuits followed acting Deputy Attorney General Emil Bove sending a memo to acting FBI Director Brian Driscoll in late January, directing him to fire eight FBI employees who worked on the Jan. 6 investigation, as well as a terror case related to Hamas' Oct. 7, 2023, attack against Israel. The memo also informed the acting director to identify all current and former FBI personnel who took part in the case. 

The memo's directive to identify those involved in the case sparked the two FBI lawsuits filed Tuesday, which seek to stop the collection of names and their public release. 

"The individuals being targeted have served in law enforcement for decades, often putting their lives on the line for the citizens of this country," Eisen said in a statement provided in State Democracy Defenders Fund's press release announcing it filed an emergency order on behalf of the FBI agents. "Their rights and privacy must be preserved."

The judge temporarily barred the Trump DOJ on Thursday from disclosing information on the agents until she hears arguments and determines whether to issue a temporary restraining order. 

Fox News Digital's Breanne Deppisch and Brooke Singman contributed to this report. 

Sotomayor criticizes presidential immunity case as putting the high court’s legitimacy on the line

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Supreme Court Justice Sonia Sotomayor criticized the Court's 2024 presidential immunity case in her first public appearance since the start of the second Trump term, saying it places the Court's legitimacy on the line. 

Sotomayor made the comments during an appearance in Louisville, Kentucky, during which she was asked a range of questions, including the public's perception of the high court, according to the Associated Press. Sotomayor's comments are her first in public since President Donald Trump took office last month. 

"If we as a court go so much further ahead of people, our legitimacy is going to be questioned," Sotomayor said during the Louisville event. "I think the immunity case is one of those situations. I don’t think that Americans have accepted that anyone should be above the law in America. Our equality as people was the foundation of our society and of our Constitution."

'INTEGRITY OF THE COURT': CRUZ REINTRODUCES AMENDMENT TO COMBAT COURT EXPANSION EFFORTS

In a 6-3 decision in July 2024, the Supreme Court ruled in Trump v. United States that a former president has substantial immunity from prosecution for official acts committed while in office, but not for unofficial acts.

The case stemmed from Special Counsel Jack Smith’s federal election interference case in which he charged Trump with conspiracy to defraud the U.S.; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. 

Sotomayor notably wrote the dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson, saying the decision "makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law."

JUSTICE CLARENCE THOMAS SWEARING IN MULTIPLE TRUMP CABINET OFFICIALS RAISES EYEBROWS AT CNN

"Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law," the dissent continued. "Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our democracy, I dissent."

During her Louisville appearance, Sotomayor shared that she "had a hard time with the immunity case," saying the Constitution contains provisions "not exempting the president from criminal activity after an impeachment."

Sotomayor warned that if the Court were to continue down the same path, the Court's legitimacy would ultimately be at risk. 

SUPREME COURT DENIES TRUMP ATTEMPT TO STOP SENTENCING IN NEW YORK V. TRUMP

"And if we continue going in directions that the public is going to find hard to understand, we’re placing the court at risk," Sotomayor said. 

When asked for comment, a White House spokesperson told Fox News Digital, "This historic 6-3 ruling speaks for itself."

The justice suggested that one way to resolve the public's distrust in the Court would be to slow down in overturning precedent. The Court has, in recent years, overturned various landmark decisions, including Roe v. Wade in 2022, and striking down affirmative action in college admissions in 2023 and the Chevron doctrine in 2024. 

"I think that creates instability in the society, in people’s perception of law and people’s perception of whether we’re doing things because of legal analysis or because of partisan views," Sotomayor said. "Whether those views are accurate or not, I don’t accuse my colleagues of being partisan."

Sotomayor made similar comments in 2023, saying she had a "a sense of despair" about the Court's direction following the Dobbs v. Jackson Women's Health Organization decision, which overturned Roe. Sotomayor did not name the case specifically. 

However, the justice said she did not have the luxury to dwell on those feelings.

"It’s not an option to fall into despair," Sotomayor said. "I have to get up and keep fighting."

Fox News Digital's Ronn Blitzer and the Associated Press contributed to this report. 

Out of power: Democrats disoriented in fight against Trump agenda

Posted on by Latest Political News on Fox News

It’s a new season for Congressional Democrats.

And that’s not always a good thing.

New seasons bring change. New players. New coaches. New approaches.

The problem is finding the right approach.

Especially when you’re on the outside looking in.

SPENDING SHOWDOWN: REPUBLICANS WILL NEED TO CORRAL VOTES – BUT THEY HAVEN'T ASKED, YET

Democrats are now the loyal opposition. Effectively locked out of power in Washington as Republicans control the executive branch and both bodies of Congress.

Democrats have lobbed entire landfills at President Trump since 2015. Some of it worked – a little bit. But certainly not enough to permanently sidetrack Mr. Trump. He executed one of the most extraordinary, improbable comebacks in world political history.

On the TV show "The Office," secretary Pam Beesly noted that she only got ten vacation days a year.

"I try to hold off taking them for as long as possible," said Beesly. "This year I got to the third week in January."

So far, Democrats are flailing as they try to challenge President Trump in his second term. So, they’re dusting off some old plays from a tired, dog-eared playbook.

Like Beesly, they waited as long as they could.

It took precisely 16 days before a Democrat threatened to impeach the President.

DEMOCRATS CALL FOR ARTICLES OF IMPEACHMENT AGAINST TRUMP AMID GAZA COMMENTS

Rep. Al Green, D-Tex., prepped the first articles of impeachment against President Trump in 2017. He didn’t do so until October of that year. But now, Green is ready to impeach the President.

"I did it before. I laid the foundation for impeachment. And it was done. Nobody knows more about it than I. And I know that it’s time for us to lay the foundation again. On some issues, it is better to stand alone than not stand at all," said Green.

But two previous impeachments failed to suppress Mr. Trump. If nothing else, the impeachments may have emboldened him. Especially since despite the House impeaching him, he survived two Senate trials.

But Democratic leaders are leery of impeachment freelancing.

"This isn't a focus of the Democratic Caucus," said House Democratic Caucus Chairman Pete Aguilar, D-Calif. "We've laid out our strategy. Legislative. Litigation. Outreach. Communication. That continues to be the focus."

Democrats are united in their opposition of President Trump. But finding a unifying, resonant message is another thing.

SOCIAL MEDIA, TEAM TRUMP REACT TO CORY BOOKER'S 'MELTDOWN' OVER ELON MUSK'S USAID CRACKDOWN

"In the United States Senate, we will not cooperate!" thundered Sen. Cory Booker, D-N.J. "We’ll cooperate with no appointments when it comes to the State Department!"

"There should be hundreds of thousands and millions of people descending on Washington, DC!" declared Sen. Ed Markey, D-Mass.

"We must resist. We must be in the streets!" said Rep. John Garamendi, D-Calif.

Democrats used to have only one target. That was President Trump.

"They have no rudder. They have no vision. They have no clear leader," observed House Speaker Mike Johnson, R-La. "The only message they have is anti-President Trump."

THE SPEAKER’S LOBBY: A PALPABLY UNFAIR ACT

But opponents evolve.

The arch-enemy of Batman was always the Joker. But the Penguin, Riddler and Catwoman were worthy foes, too.

And so Democrats now have a new nemesis: Elon Musk.

Democrats are peppering him with inflammatory rhetoric.

"A godless, lawless billionaire. You know who elected Elon? This is the American people. This is not your trashy Cybertruck that you can just dismantle, pick apart, and sell the pieces of," said squad member Rep. Ayanna Pressley, D-Mass.

"God damn it. Shut down the Senate. We are at war. Any time, any time a person can pay $250 million into a campaign, and they've been given access to the Department of Treasury of the United States of America. We are at war," said Rep. LaMonica McIver, D-N.J. "We will not take this sh*t from Donald Trump and Elon Musk."

"What we not going to do is stand around while they pull this bullsh*t that they're trying to pull right now," excoriated Rep. Jasmine Crockett,. D-Tex., of Musk and DOGE. "You all know he likes to pal around with Putin, right? He's trying to turn us into Russia."

MUSK'S DOGE TAKES AIM AT 'VIPER'S NEST' FEDERAL AGENCY WITH GLOBAL FOOTPRINT

"He is a low down, dirty, no good person that along with Trump cannot be trusted," said Rep. Maxine Waters, D-Calif. "We have got to tell Elon Musk, nobody elected your ass."

White House spokeswoman Karoline Leavitt blasted Democrats for their incendiary language.

"President Trump was elected with a mandate from the American people to make this government more efficient. He campaigned across this country with Elon Musk vowing that Elon was going to head up the Department of Government Efficiency," said Leavitt. "For Democrat officials to incite violence and encourage Americans to take to the streets is incredibly alarming. They should be held accountable for that rhetoric."

But at least one Democrat urges discipline for his colleagues when attacking the President – or Musk.

"There's going to be a lot of balls coming down to the plate. And I'm only waiting for a strike when I'm going to start to swing," said Sen. John Fetterman, D-Penn.

Democrats executed another gambit Wednesday. They kept the Senate in session all night to postpone the confirmation of Budget Director nominee Russ Vought. The Senate broke a filibuster earlier on Wednesday. But Vought is someone who would have great influence over DOGE and potentially efforts by the administration to withhold or contour spending. Since the Senate voted to end the filibuster around 1 pm et Wednesday, Democrats opted to burn all time available to them just to protest Vought and DOGE.

SENATE DEMOCRATS SPEAK ALL NIGHT AGAINST TRUMP OMB NOMINEE, DELAYING CONFIRMATION VOTE

"Russ Vought represents a very specific view of presidential power, which is essentially unitary executive," said Sen. Brian Schatz, D-Hawaii, at 1:45 am et Thursday. "It's this view that once you win, you're basically a monarch."

A cavalcade of Democrats seized the floor throughout the night. Sen. Peter Welch, D-Vt., at 5 am et. Sen. Elissa Slotkin, D-Mich., at 6 am et. Booker at 9 am et.

"Whatever the challenges, whatever the fear, is what I want to tell you right now is don't normalize a president who is violating the separation of powers," said Booker on the floor just after 10 am et. "Don't normalize a president who is violating civil service laws. Don't normalize a president who is ignoring the dictates of Congress and establishing agencies."

Around the same time, Democrats on the Judiciary Committee requested, and received - under the rules - a one-week delay on the nomination of FBI Director nominee Kash Patel.

"Kash Patel has a goal. It's to wreck the FBI," said Welch.

The Democrats’ maneuver chokes off Patel’s nomination from the Senate floor. But only for a week.

"It means that about 168 hours from right now, he'll be confirmed by our committee," said Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa.

Democrats can’t do much but delay the inevitable. Republicans can confirm Patel on the floor if they stick together. The same with Vought. Vought is only the second nominee to score a partisan confirmation without Democratic assistance. The other was Defense Secretary Pete Hegseth.

"We are out of power. But we are not powerless," said Schatz.

But that power is low voltage. Measured in foot candles, not watts.

There are limits to their power. And Democrats are now feeling it.

Russell Vought confirmed to head government’s leading budget office after Dems hold 30-hour protest

Posted on by Latest Political News on Fox News

Despite Democratic tactics to delay the confirmation vote, the Senate confirmed Russell Vought to lead the Office of Management and Budget (OMB).

Republicans backed Vought’s nomination, arguing he proved a qualified candidate for the role since he previously held the position during President Donald Trump’s first term. Democrats, however, raised multiple concerns about his nomination and said his views on the Impoundment Control Act, which reinforces that Congress holds the power of the purse, disqualified him from the role. 

Democrats held a 30-hour-long protest against Vought's nomination, delivering speeches in the middle of the night on Wednesday in an attempt to delay the confirmation vote. 

The Senate, in a chaotic final floor vote on Thursday evening, voted to confirm Vought to lead the OMB, 53 to 47.

SENATE DEMOCRATS SPEAK ALL NIGHT AGAINST TRUMP OMB NOMINEE, DELAYING CONFIRMATION VOTE

Democratic senators repeatedly injected themselves during the confirmation vote, protesting the nomination until the last second.

"No debate is permitted during a vote," Sen. Ashley Moody, R-Fla., told the lawmakers.

The OMB is responsible for developing and executing the president’s budget, as well as overseeing and coordinating legislative proposals and priorities aligned with the executive branch. 

Vought appeared before the Senate Budget Committee and the Senate Homeland Security and Governmental Affairs Committee for confirmation hearings, where he defended statements asserting that the Impoundment Control Act is unconstitutional. 

TRUMP HEALTH SECRETARY NOMINEE RFK JR CLEARS SENATE FINANCE COMMITTEE CONFIRMATION VOTE

The law, adopted in 1974, stipulates that Congress may oversee the executive branch’s withholdings of budget authority. But Vought encountered criticism from Democrats for freezing $214 million in military aid for Ukraine in 2019 — a decision that ultimately led to Trump’s first impeachment.   

"You’re quite comfortable assuming that the law doesn’t matter and that you’ll just treat the money for a program as a ceiling … rather than a required amount," Senate Budget Committee ranking member Jeff Merkley, D-Ore., said Wednesday. "Well, the courts have found otherwise." 

In the 1975 Supreme Court ruling Train v. New York, the court determined the Environmental Protection Agency must use full funding included in the Federal Water Pollution Control Act Amendments of 1972, even though then-President Richard Nixon issued orders to not use all the funding. 

Even so, Vought told lawmakers that Trump campaigned on the position that the Impoundment Control Act is unconstitutional — and that he agrees with that. 

Vought’s statements on the issue left Sen. Richard Blumenthal, D-Conn., "astonished and aghast" during one confirmation hearing. 

"I think our colleagues should be equally aghast, because this issue goes beyond Republican or Democrat," Blumenthal said on Jan. 15. "It’s bigger than one administration or another. It’s whether the law of the land should prevail, or maybe it’s up for grabs, depending on what the president thinks."

Vought also faced questioning from Democrats on his views regarding abortion as an author of Project 2025, a political initiative conservative think tank The Heritage Foundation released in 2023 that called for policy changes that would implement a national ban on medication abortion. 

Other proposals included in Project 2025 include eliminating the Department of Education; cutting diversity, equity and inclusion programs; and reducing funding for Medicare and Medicaid. 

"You have said that you don’t believe in exceptions for rape, for incest, or the life of the mother," Sen. Patty Murray, D-Wash., said during a confirmation hearing on Wednesday. "Is that your position?"

"Senator, my views are not important," Vought said. "I’m here on behalf of the president." 

Trump repeatedly has stated that he backs abortion in certain instances, and stated that "powerful exceptions" for abortion would remain in place under his administration.

The Associated Press contributed to this report. 

Fox News Politics Newsletter: Fast start to Trump’s second term leaves fed workers shocked

Posted on by Latest Political News on Fox News

Welcome to the Fox News Politics newsletter, with the latest updates on the Trump administration, exclusive interviews and more Fox News politics content.

Here's what's happening…

-You're hired! Here's who passed Congress' Trump cabinet test and how stormy their hearings were

-Drone footage shows possible cartel on cartel activity near U.S. southern border

-Bondi sworn in as attorney general with mission to end 'weaponization' of Justice Department

Staffers and contractors who work with the U.S. Agency for International Development (USAID) were stunned and angered after President Donald Trump and the Department of Government Efficiency (DOGE) – the government accountability unit headed by billionaire Elon Musk – effectively shut down the $40 billion agency on Monday.

One USAID staffer who wished to remain anonymous told Fox News Digital that 80% of staff across its bureaus learned they lost access to the agency’s systems on Monday morning, including travel, communications, classified information and databases – leading to questions about how to repatriate American citizens in some of the most dangerous places in the world should the need arise.

Staffers also feel they were "left high and dry" and "have no idea what to do or where to turn" after being "abandoned by Congress and the government," the source said, adding they felt the agency was "hostilely taken over by DOGE."…Read more

'OBSTRUCTION': USAID has 'demonstrated pattern of obstructionism,' claims top DOGE Republican in letter to Rubio…Read more

'BIG MONEY FRAUD': DOGE targets Medicare agency, looking for fraud…Read more

DOGE HOUSE: White House calls Democrat criticism of DOGE 'unacceptable' and 'incredibly alarming'…Read more

'DOGE FEVER': States from NJ to TX draft similar initiatives as federal leaders celebrate…Read more

GAZA DEPLOYMENTS?: Trump not committing to putting US troops in Gaza…Read more

CAUGHT ON CAMERA: Authorities nab White House fence climber just two weeks into Trump's new term…Read more

STRATEGY SESSION: Trump to holding Oval Office meeting with Texas Gov. Abbott over 'securing the southern border'…Read more

EO BLOCKED: Second federal judge blocks Trump birthright citizenship order…Read more

'DASTARDLY DEEDS': Texas Dem launches first Trump impeachment articles over Gaza…Read more

DEPORTED: Washington sends first group of Indian migrants with US military plane to home country…Read more

'WAKE UP CALL': Foreign policy experts split on whether Trump will follow through with Gaza takeover: 'It's a wakeup call'…Read more

FILLING THE CABINET: Trump's commerce pick with crypto ties advances to Senate floor…Read more

HOUSE OF CARDS: GOP rebels push for $2.5 trillion cuts in Trump budget bill during tense closed-door meeting…Read more

SNOOZE YOU LOSE: Senators set to leapfrog House Republicans with anticipated budget plan…Read more

VOUGHT ADVANCES: Senate tees up Trump budget chief pick Russell Vought for final confirmation vote…Read more

MCCONNELL FALLS: Former GOP leader McConnell falls while exiting Senate chamber after Turner confirmation vote…Read more

THE COMING 'RECKONING': Trans lawsuit lobbed against Trump admin based on 'faulty interpretations': Legal expert…Read more

'LOSING THEIR MINDS': Dem lawmakers face backlash for invoking 'unhinged' violent rhetoric against Musk…Read more

'RESTORING PEACE': Johnson says Trump's Gaza takeover proposal could be 'bold step' in restoring peace…Read more

'POLITICALLY MOTIVATED': Dems' 'delay tactic' to 'malign' Patel and stall FBI confirmation dismissed as 'baseless' by top Senate leader…Read more

CLIMATE CHANGES: Trump's executive order forces NJ to cancel its first offshore wind farm…Read more

ENERGIZED PRIORITIES: Energy Sec. Wright outlines 'Day 1' priorities: Refilling SPR, promoting 'energy addition, not subtraction'…Read more

LACK OF 'SELF-WORTH': New York Democrat eyeing Stefanik's seat ripped Border Patrol, corrections officers in resurfaced interview…Read more

GOVERNOR HARRIS?: Major California Democrat predicts Kamala Harris would be 'field-clearing' if former VP runs for governor…Read more

TOUCHDOWN: Former NFL player Scott Turner confirmed to lead Housing and Urban Development…Read more

'SORELY NEEDED': Nassau County executive on police officers assisting with immigration enforcement…Read more

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