Texas law banning drag performances in front of children ruled unconstitutional by federal judge

The Texas law dubbed the "Drag Ban" that restricted "sexually oriented performances" in the presence of a child or on public property was ruled unconstitutional on Tuesday by a federal judge, who issued a permanent injunction barring state officials from enforcing it.

Senate Bill 12 was signed by Republican Gov. Greg Abbott in June and was set to go into effect Sep. 1 but was blocked after being challenged by the American Civil Liberties Union (ACLU), which filed a lawsuit against the law last month.

In his ruling, U.S. District Judge David Hittner said the law was "an unconstitutional restriction on speech," and that it "violates the First Amendment as incorporated to Texas by the Fourteenth Amendment of the United States Constitution."

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The ruling further ordered Republican Texas Attorney General Ken Paxton and other state officials to not enforce the law.

According to one of the definitions in the law, a "sexually oriented performance" means a visual performance that features "a male performer exhibiting as a female, or a female performer exhibiting as a male, who uses clothing, makeup, or other similar physical markers and who sings, lip syncs, dances, or otherwise performs before an audience" and "appeals to the prurient interest in sex."

Critics have referred to the law as a "drag ban," though its author and supporters claim it was proposed and signed into law to protect children.

WATCH: REPORTERS PILE ON FRUSTRATED KARINE JEAN-PIERRE OVER BIDEN PLAN TO JOIN UAW PICKET

The ACLU filed its lawsuit in U.S. District Court in the Southern District of Texas in Houston, and claimed the law "unconstitutionally singles out drag performances as a disfavored form of expression." It also asserted that several terms are not defined or are written in a way that targets protected expression.

Drag was described in the lawsuit as an "art form" that is "inherently expressive," and has no set standard. "As with any art form, there is nothing inherently sexual or obscene about drag," the lawsuit read. "Drag can be performed for any age level and in any venue, since drag artists tailor their performances to their audience."

Fox News Digital has reached out to Paxton's office for comment.

Fox News' Greg Wehner contributed to this report.

Biden nearly stumbles exiting Air Force One, hours after exposed efforts by team to prevent more falls

President Biden nearly took a tumble down the stairs while getting off Air Force Once in Michigan on Tuesday, hours after it was exposed that his campaign team was making efforts to prevent the president from taking a spill in public during the election season.

The 80-year-old president had just landed in Detroit when he disembarked from the jumbo jet at Detroit Metro Airport.

Around the eighth step, Biden was seen slipping before quickly correcting his balance and continuing down the steps.

BIDEN'S 2024 TEAM IS ON A MISSION TO STOP HIM FROM TRIPPING AMID STRUGGLE WITH ‘SIGNIFICANT SPINAL ARTHRITIS’

Earlier this year, the White House physician diagnosed Biden with "significant spinal arthritis." Since then, he has had multiple tripping incidents that have many people questioning his age and whether he is fit to serve as president.

To prevent another embarrassing fall, Axios reported Tuesday, Biden's team is making a conscious effort to have him wear tennis shoes and limit stair climbs.

HOUSE REPUBLICANS ANNOUNCE FIRST BIDEN IMPEACHMENT INQUIRY HEARING TO BE HELD THIS WEEK

He is also undergoing physical therapy with specialist Drew Contreras, who worked with former President Barack Obama. Contreras has recommended several exercises to improve the president’s balance, the outlet reported.

Observers noted when Biden began wearing sneakers in public this summer after his nasty fall at the Air Force Academy in June. He also began boarding Air Force One via shorter stairs to a lower level, another move aimed at preventing falls.

WATCH: KARINE JEAN-PIERRE DODGES WHEN PRESSED ON BIDEN'S SOUR APPROVAL RATING, AGE, MENTAL FITNESS

A fall in public during the election season could have crippling effects on Biden’s campaign as he is already scrutinized heavily for his age.

In an Associated Press poll this summer, 77% said Biden is too old to be effective for four more years, with 89% of Republicans taking that position along with 69% of Democrats.

Another poll from the Washington Post and ABC News this week found that 3 out of 5 Democrats would prefer someone else be the party's 2024 nominee.

Fox News Digital's Anders Hagstrom contributed to this report.

Republicans open probe into Biden’s energy secretary after police called on her EV road trip

Republicans on the House Oversight and Accountability Committee are probing Energy Secretary Jennifer Granholm over her recent electric vehicle (EV) road trip where police were called on her and her team.

Oversight Chairman James Comer, R-Ky., and Oversight Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs Chairman Pat Fallon, R-Texas, informed Granholm in a letter Tuesday morning that they were investigating the June road trip which they said was aimed to "boost the charade of the effectiveness of green energy."

"This taxpayer-funded publicity stunt illustrates yet again how out of touch the Biden Administration is with the consequences of policies it has unleashed on everyday Americans," Comer and Fallon wrote to Granholm. 

"Committee Republicans remain committed to preserving freedoms like vehicle consumer choice in the face of an unproven, burdensome, and expensive Biden Administration push to force all Americans to buy EVs," they continued. "We request documents and information to understand the purposes, costs, and consequences of your summer 2023 EV road trip."

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Earlier this month, reports surfaced that, during Granholm's four-day EV road trip from North Carolina to Tennessee, Energy Department staffers used a car with an internal combustion engine to block off an EV charger for the secretary outside a Walmart in Grovetown, Georgia. 

One family, angered that they were forced by a gas-powered vehicle to wait to use a charger, ultimately called the police to report the incident.

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"I'm calling because I'm in the Grovetown Walmart at the charging station and there's literally a non-electric car that is taking up a space and said they're holding the space for somebody else," the woman who made the 911 call told a police dispatcher in a recording obtained by Fox News Digital. "And it's holding up a whole bunch of people who need to charge their cars."

"There are other people who are waiting to charge and they're still here and they're not in electric cars," the woman continued. "The sign says you can't park here unless you're charging."

The dispatcher then informed the woman that a deputy was on the way to handle the situation. While a police officer eventually responded to the incident, a police report was never filed. The incident was first reported by NPR which joined Granholm on the trip. According to the report, Granholm's office organized the trip to "draw attention to the billions of dollars the White House is pouring into green energy and clean cars."

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While Granholm's team planned the trip far in advance to prepare for charging stops, the Georgia stop underscored logistical issues that continue to face zero-emissions cars which Granholm, President Biden and Democratic-led states are aggressively pushing.

After she was pressed on the incident during a House Science and Technology Committee hearing on Sept. 14, Granholm explained the incident occurred as a result of "poor judgment on the part of the team," sidestepping blame.

"Your fleet of EVs could not complete the trip without the support of the fossil fuel industry which you and the Biden Administration have been intent to vilify and destroy," Comer and Fallon continued in their letter Tuesday. "Traveling from Charlotte, North Carolina to Memphis, Tennessee, you encountered significant EV implementation hurdles."

"You and your staff did not even make serious, practical decisions on the EV vehicles chosen for the road trip."

The Department of Energy did not immediately respond to a request for comment.

Hunter Biden sues Rudy Giuliani over laptop, accuses ex-Trump lawyer of ‘hacking’

Hunter Biden on Tuesday filed a lawsuit against Rudy Giuliani alleging the former President Trump lawyer violated his privacy rights by illegally disseminating content from Biden's infamous laptop.

The complaint filed in the U.S. District Court for the Central District of California states Giuliani is "primarily responsible" for the "total annihilation" of Biden's digital privacy. It also names Robert Costello, a former federal prosecutor who previously represented Giuliani, as a defendant, Fox News has confirmed. 

"For the past many months and even years, Defendants have dedicated an extraordinary amount of time and energy toward looking for, hacking into, tampering with, manipulating, copying, disseminating, and generally obsessing over data that they were given that was taken or stolen from Plaintiff's devices or storage platforms, including what Defendants claim to have obtained from Plaintiff's alleged ‘laptop’ computer," Biden's attorneys wrote in the complaint, claiming that the data was not even from a "laptop," but from an "external drive."

The contents of this "external drive" include pictures, videos, emails and other data that since their initial publication by the New York Post in 2020, have paced Biden in legal jeopardy and caused political problems for this father, President Biden.

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Giuliani and Costello have openly acknowledged that they obtained copies of files from a hard drive device that Biden allegedly left at a Delaware computer repair shop in 2019. Giuliani provided that information to the Post in October 2020, which published a story based on Hunter Biden's emails that implicated President Biden in a business deal with a Ukrainian company that had hired Hunter on its board. 

House Republicans have launched an impeachment inquiry into President Biden based on claims that he used his position, then as vice president, to deter Ukrainian prosecutors from investigating the company that his son worked for. GOP lawmakers further allege, based on their follow-up investigations, that the president was involved in several business deals arranged by his son Hunter. 

The president has repeatedly denied any involvement in his son's business dealings.

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Hunter Biden's attorneys previously issued cease-and-desist letters to Giuliani and others who obtained and disseminated the laptop's contents.

The lawsuit seeks a court order to prevent Giuliani and others from accessing, tampering with, manipulating or copying Biden's data and have them return the "device/hard drive" to Biden, along with any backup files, cloud files or copies of the same data.

Neither attorneys for Hunter Biden nor a representative for Giuliani immediately responded to a request for comment. 

The lawsuit filed Tuesday is the latest effort from Biden and his lawyers to hit back after leaks of the information catapulted his sordid private life onto the front page of many conservative media outlets.

HUNTER BIDEN SUES FORMER WH AIDE FOR ALTERING, PUBLISHING ‘PORNOGRAPHIC’ PHOTOS FROM THE LAPTOP HE DENIES IS HIS

Earlier this month, the president's son sued former President Trump aide Garrett Ziegler, alleging that Ziegler and his company spread "tens of thousands of emails, thousands of photos, and dozens of videos and recordings" that were considered "pornographic" from the device.

In March, Biden initiated a countersuit asserting that the Wilmington, Delaware, computer repair shop owner, John Paul Mac Isaac, had unlawfully disseminated Biden's personal information, and leveled six invasion of privacy charges against him. Mac Isaac first filed a lawsuit against the president’s son — as well as CNN, Politico, and Rep. Adam Schiff, D-Calif.— in October 2022 for defamation.

According to Mac Isaac, Biden did not return for the laptop within three months after dropping it off, and he could not be reached. He then alerted the FBI after seeing emails illustrating information about then-Vice President Joe Biden’s purported foreign business dealings and videos of Biden taking drugs and performing sex acts with prostitutes.

Before federal agents picked up the device, Mac Isaac made a copy of its hard drive and gave it to Giuliani the following year.

Biden was expected to plead guilty in July to two misdemeanor tax counts of willful failure to pay federal income tax as part of a plea deal to avoid jail time on a felony gun charge. Instead, he pleaded not guilty to two misdemeanor tax charges and one felony gun charge last month.

Fox News' Jamie Joseph contributed to this report.

Biden’s 2024 team is on a mission to stop him from tripping amid struggle with ‘significant spinal arthritis’

President Biden's campaign team is on a mission to prevent him from tripping in public as the 80-year-old continues to struggle with a diagnosis of "significant spinal arthritis."

The White House physician made the diagnosis earlier this year, and Biden has since had multiple public tripping incidents that have only compounded questions about his age. Now, his team has made a conscious effort to make him wear tennis shoes and limit stair climbs to prevent another embarrassing fall, Axios reported Tuesday.

Biden is also undergoing physical therapy with specialist Drew Contreras, who also worked with President Barack Obama. Contreras has recommended several exercises to improve the president's balance, the outlet reported.

Observers noted when Biden began wearing sneakers in public this summer after his nasty fall at the Air Force Academy in June. He also began boarding Air Force One via shorter stairs to a lower level, another move aimed at preventing falls.

HOUSE REPUBLICANS ANNOUNCE FIRST BIDEN IMPEACHMENT INQUIRY HEARING TO BE HELD THIS WEEK

WATCH: KARINE JEAN-PIERRE DODGES WHEN PRESSED ON BIDEN'S SOUR APPROVAL RATING, AGE, MENTAL FITNESS

The goal for Biden's team is to prevent the president from taking a spill in public during election season, something that could potentially damage his campaign.

Health scares have had major impacts on several presidential campaigns, from Hillary Clinton's fainting incident in 2016 to Bob Dole falling off a campaign stage in 1996.

A fall would be even more devastating in Biden's case as he already faces heavy criticism over his age. In an Associated Press poll this summer, 77% said Biden is too old to be effective for four more years with 89% of Republicans taking that position along with 69% of Democrats.

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Another poll from the Washington Post and ABC News this week found that 3 out of 5 Democrats would prefer someone else be the party's 2024 nominee.

White House spokesman Andrew Bates pushed back on the story in a statement to Axios.

"This article fits an unfortunate pattern of media attempting to sensationalize something that has long been public, rather than covering the president's very real achievements for hardworking Americans," Bates told the outlet.

WATCH: Reporters pile on frustrated Karine Jean-Pierre over Biden plan to join UAW picket

Reporters at Monday's White House press briefing piled on press secretary Karine Jean-Pierre over President Biden's decision to join the United Auto Workers (UAW) on the picket line Tuesday amid their strike against the Big Three car manufacturers.

During the briefing, an increasingly frustrated Jean-Pierre pushed back as multiple members of the media questioned why Biden would be picketing alongside the union members if the administration's position was to avoid getting involved in the negotiations between the companies and the UAW.

One reporter asked if Biden's decision to picket meant he supported the demands of the union, such as a 40% pay increase and a shorter work week.

"I'm not going to get into the details of what's being negotiated right now on the table with — certainly with the parties," Jean-Pierre said, a position she continued to take amid the subsequent questions about Biden's plan to picket.

WATCH: KARINE JEAN-PIERRE DODGES WHEN PRESSED ON BIDEN'S SOUR APPROVAL RATING, AGE, MENTAL FITNESS

"I want to press you a little bit on what you just said. You said that the president supports the autoworkers. Does that mean that the president is siding with the autoworkers over the auto companies?" another reporter asked.

"What we're saying is we're not going to get into the negotiation. Right? This is — When it comes to a negotiation, that is something for the parties to decide on. That is something for them to discuss," Jean-Pierre said.

Another reporter suggested Biden was "interfering" with the negations by joining the picket before calling out Jean-Pierre's refusal to get into specifics about the dispute while Biden plans to "literally" stand with workers and their terms.

"To be very clear, he is standing with them to make sure that they get a fair share. That is what he's standing with them on. He's standing with them — and we've said this — that they get — the record profits mean a record contract for UAW. That is why he's going. That is what he's standing for," she responded.

HOUSE REPUBLICANS ANNOUNCE FIRST BIDEN IMPEACHMENT INQUIRY HEARING TO BE HELD THIS WEEK

She added that the two sides in the dispute would have to decide what "a win-win" would look like, but that Biden thought the workers "deserve a fair share."

"But it seems like he's taking away the — some past presidents have been an arbiter between two sides that are in conflict. It seems like going to the picket line, he's not an arbiter between the two sides. He's choosing a side by standing on the picket line," the reporter said, calling the administration's position "confusing."

"I disagree. It is not confusing. What he is saying, and we've been very clear, he stands with union workers. He stands with the workers. He has said, and they have said, he is the most pro-union president in history. And that is what he's doing. He is going to stand in solidarity at the picket line with the workers," Jean-Pierre hit back.

Another reporter began to also ask about the picket, sparking protest from Jean-Pierre.

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"Oh my goodness. You're going to ask the same question? I'm not going to change my answer," she said, with what appeared to be a frustrated laugh.

"It's fine. I'm going to ask again," the reporter said.

"Feel free. And I'm going to give you the same answer," Jean-Pierre responded.

The reporter questioned if Biden would be visiting the picket line or if he would actually be walking it.

"He's going to join the picket line," Jean-Pierre said.

AMERICANS, STAND WITH THE UAW AND ME AND FIGHT OUT-OF-CONTROL CORPORATE GREED

She then dismissed the reporters question whether there could be "political risk" involved in joining the picket.

"He is standing with the autoworkers. He is standing with the workers. We are not involved in negotiations. That is something for them to decide what is going to work for the parties that are involved. But he is standing with the autoworkers. That's what the president is doing," she said.

House Republicans announce first Biden impeachment inquiry hearing to be held this week

FIRST ON FOX: House Republicans announced Monday that the first impeachment inquiry hearing into President Biden will be held on Thursday at 10:00 a.m. ET.

According to the office of House Oversight Committee Chairman James Comer, R-Ky., the hearing "will examine the value of an impeachment inquiry," and will present all evidence to date uncovered by the committee in its investigation into the Biden family finances.

"Since January, House Committees on Oversight and Accountability, Judiciary, and Ways and Means have uncovered an overwhelming amount of evidence showing President Joe Biden abused his public office for his family’s financial gain," Comer said in a statement.

WATCH: KARINE JEAN-PIERRE DODGES WHEN PRESSED ON BIDEN'S SOUR APPROVAL RATING, AGE, MENTAL FITNESS

"Thousands of pages of financial records, emails, texts, testimony from credible IRS whistleblowers, and a transcribed interview with Biden family business associate Devon Archer all reveal that Joe Biden allowed his family to sell him as ‘the brand’ around the world to enrich the Biden family," he said. 

Comer's statement said that Congress had a duty to open the impeachment inquiry into Biden's alleged corruption, and that Americans "demand and deserve answers, transparency, and accountability for this abuse of public office."

"This week, the House Oversight Committee will present evidence uncovered to date and hear from legal and financial experts about crimes the Bidens may have committed as they brought in millions at the expense of U.S. interests," he added.

WATCH: BIDEN FORGETS TO SHAKE HANDS WITH PRESIDENT OF BRAZIL IN LATEST AWKWARD GAFFE

The witnesses who will testify at the hearing include Bruce Dubinsky, a forensic accountant with decades of experience in financial investigations and consulting, and who the committee says has testified in over 80 trials, including trials that involved financial fraud.

Former Assistant Attorney General Eileen O'Connor, who served in the U.S. Department of Justice Tax Division, and law professor Jonathan Turley, who testified in the Clinton and Trump impeachments, will also testify.

Last week, the Biden administration blasted House Republicans for planning to hold the hearing just days before the government runs out of funding, while dismissing the "evidence-free" probe as a "political stunt." Congress is currently negotiating a continuing resolution to extend the current year’s funding, but without passing a deal by Sept. 30, they risk sending the government into a partial shutdown.

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"Extreme House Republicans are already telegraphing their plans to try to distract from their own chaotic inability to govern and the impact of it on the country," White House spokesperson Ian Sams told Fox News Digital.

"Staging a political stunt hearing in the waning days before they shut down the government reveals their true priorities: to them, baseless personal attacks on President Biden are more important than preventing a government shutdown and the pain it would inflict on American families," Sams said.

The hearing will be the first since House Speaker Kevin McCarthy, R-Calif., formalized an impeachment inquiry last week. McCarthy directed Comer and House Judiciary Chairman Jim Jordan, R-Ohio, along with Ways & Means Committee Chairman Jason Smith, R-Mo., to lead the investigation. 

However, the hearing won’t necessarily tread any new ground. It is expected to be a review of the existing evidence and explain the status of the inquiry, sources familiar said.

Democrat Rep Eric Swalwell calls House Republicans’ impeachment inquiry a ‘continuation of the insurrection’

Democrat Rep. Eric Swalwell, D-Calif., called the GOP House-led impeachment inquiry into President Biden a "continuation of the [Jan. 6] insurrection" during an interview Sunday.

"Many of [Kevin] McCarthy's folks go to the January 6 prisoners and visit them to give them comfort and aid, and so they've never accepted President Biden as a legitimate president," Swalwell said to MSNBC host Jen Psaki. "And this week, even as we are hurtling toward a shutdown, they'll hold impeachment proceedings, which is just a continuation of the insurrection — and so this is all about just putting Donald Trump in charge."

Psaki asked Swalwell — who sat on the Jan. 6 House committee — what he thinks of former PresidentTrump’s purported role in the House’s decisions. The Democrat congressman said, "Donald Trump and McCarthy and the other pro-insurrection Republicans have never accepted Joe Biden as the president."

"The House, unfortunately, has become a law firm with just one client, Donald Trump," he said.

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The House is probing Biden’s foreign business ties with his son, Hunter, in Ukraine and China. Republicans hope to unearth bribery negotiations that suggest Biden leveraged his position as then-vice president under former President Obama for personal gain.

House Oversight Committee Chairman James Comer, R-Ky., will lead the inquiry alongside House Oversight Committee Chairman Jim Jordan, R-Ohio, and Ways and Means Committee Chairman Jason Smith, R-Mo.

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House Republicans, led by Speaker Kevin McCarthy, R-Calif., will hold their first impeachment inquiry hearing to investigate allegations of corruption and abuse of power against President Biden on Thursday.

"Kevin McCarthy is a spectator speaker. He may have the title, but Donald Trump and Marjorie Taylor Greene and Matt Gaetz, they all share the job," Swalwell said.

Swalwell’s comments come as time is ticking in the House to reach a spending deal before funds run out from the previous fiscal year and the government shuts down on Saturday.

COMER TO PURSUE HUNTER, JAMES BIDEN PERSONAL BANK RECORDS AS NEXT STEP IN IMPEACHMENT INQUIRY

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Meanwhile, Rep. Tim Burchett, R-Tenn., said on CNN’s "State of the Union" he would "look strongly at" ousting McCarthy from speakership if he doesn’t pass the 12 appropriation bills needed to fund the government.

"They're all talking about this promise that he made with Biden a year ago — what about the promise we made to the American public that we were going to be responsible Americans?" Burchett asked CNN host Dana Bash.

Legal experts weigh in on Menendez indictment, suggest ‘monster’ charges point to likely conviction

Sen. Bob Menendez, D-N.J., has found himself caught up in a wave of legal troubles, and multiple legal experts told Fox News Digital that the "monster" indictment and strong evidence presented against him last week could likely result in a conviction at trial.

The Menendez indictment alleges that the senator and his wife, from at least 2018 through 2022, "engaged in a corrupt relationship" with three New Jersey businessmen.

"Today, I'm announcing that my office has obtained a three-count indictment charging Sen. Robert Menendez, his wife, Nadine Menendez, and three New Jersey businessmen, Wael Hana, Jose Uribe and Fred Daibes, for bribery offenses," U.S. Attorney Damian Williams for the Southern District of New York said at a press conference on Friday.

"I'm hard-pressed to think of an honest explanation for a senator having that amount of cash, gold and other items of value," said Philip Holloway, a criminal defense attorney and former assistant district attorney. "This case will be very difficult, if not impossible, to defend. I think this is the end of Menendez' time in the Senate and his days of breathing free air are likewise coming to an end."

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"Prosecutors went out of their way to be very specific and to even show some of the evidence and fruits of the alleged crime, such as cash and gold bars. Undoubtedly, there is more to this case that they have not yet revealed," Holloway added. "I suspect there may be audio recordings obtained via wire taps, electronic communications such as emails and text messages, and witness testimony from people with direct knowledge of relevant matters. In short, the indictment appears to be very strong."

According to the indictment, the couple accepted "hundreds of thousands of dollars of bribes in exchange for using Menendez's power and influence as a senator to seek to protect and enrich Hana, Uribe, and Daibes and to benefit the Arab Republic of Egypt."

The alleged bribes included gold, cash, payments toward a mortgage, compensation for a low-or-no-show job, a luxury car and "other things of value."

After an investigation began, Menendez disclosed that in 2020 his family accepted gold bars.

According to prosecutors, Menendez gave sensitive U.S. government information to Hana, an Egyptian-American businessman who "secretly aided the Government of Egypt."

Menendez allegedly pressured an official at the Department of Agriculture with the goal of protecting a business monopoly granted to Hana by the Egyptian government. In return, Hana allegedly kicked back profits from the monopoly to Menendez, the indictment states.

FBI agents found "approximately $500,000 of cash stuffed into envelopes in closets" and jammed into the senator's jacket pockets while executing a search warrant at Menendez's home, Williams said during the press conference.

Similar to that of Holloway, Joseph Tully, a criminal defense attorney out of San Francisco, said the "monster" indictment is "very strong" and concerning for Menendez.

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"The indictment charges Robert Menendez, his wife, Nadine Menendez, as well as three businessmen, Wael Hana, Jose Uribe and Fred Daibes, who are accused of being co-conspirators," Tully said. "Sen. Menendez faces up to 45 years if convicted of all charges."

"The indictment is very strong. Why? Because there is physical evidence presented in the indictment itself that you can put your finger on that points strongly to guilt," he added.

Like others who have processed the charges against the senator, Tully believes the case involving Menendez will be a "lengthy process."

"If I had to predict, I would say that the case will settle before trial in order to minimize incarceration time for Sen. Menendez, but this will be a lengthy process in part because the two sides will have to sort out what is real and what is overblown in the indictment," he said. "The government prosecutors will not want to budge, so the defense will have to keep hammering them with any investigation that they produce, which can undermine the prosecution’s accusations."

Echoing Holloway and Tully, David Gelman, a criminal defense attorney and former prosecutor, told Fox he believes, based on what has been revealed, that Menendez "should be very concerned right now about these charges."

Speaking to its strength, Gelman said the indictment "appears to be anchored by physical evidence" recovered from the senator's home.

Gelman also outlined how a prolonged Menendez downfall could impact the New Jersey Senate election next cycle should he not resign.

"The charges are extremely serious and directly touch upon his public office. However, it's not the first time the senator has faced such allegations. If he were to resign, then the governor could appoint a replacement until the end of his term," said Gelman. "If convicted, or if it keeps going, which it will, the Senate will go through impeachment hearings in the event he doesn’t resign. If he does not, and with an election looming, this could assist any Democrat challenger in the primary."

Making a similar point about the 2024 election, Tully said, "Looking at the political landscape, the Democrats will likely rally around their colleague and keep him in his post for as long as possible."

"They will most likely take a wait-and-see approach to any congressional sanction or discipline and wait until the criminal action has run its course," Tully added.

Gerard Filitti, senior counsel at The Lawfare Project, said the indictment "paints a pretty detailed, well-documented and damning picture of alleged malfeasance by the chairman of the powerful Senate Foreign Relations Committee, acting illegally for the benefit of a foreign government."

"At a time when the Department of Justice is under scrutiny for what some call a two-tiered system of justice, the allegations that Sen. Menendez sought to influence state and federal prosecutions in exchange for cash are particularly troubling," said Filitti. "That Menendez was advising the president on whom to nominate as a United States attorney also calls to question the impartiality of the federal criminal justice system."

Discussing Menendez's fate, as compared to past cases presented against the senator, Filitti said the evidence outlined in the indictment "speaks to a higher likelihood that [Menendez] would be convicted at trial."

5 EXPLOSIVE REVELATIONS FROM DEM SEN BOB MENENDEZ'S BOMBSHELL FEDERAL INDICTMENT

In agreement with many of her counterparts, Alexandra Wilkes, an attorney and Republican strategist, said she believes the "strong indictment" included "clear evidence of accepting bribes for political favors."

"What is so shocking is the senator's arrogance and brazenness. Meetings were conducted in the open, and payments and gifts were accepted directly without even the slightest effort to conceal them," Wilkes said.

For Wilkes, it's too early to determine whether Menendez will face jail time or be removed from office, but she noted that the "gold bars" and "money in jackets" is "cartoonishly bad – even by New Jersey standards."

Others, including Ken Belkin, a criminal defense and civil rights attorney in New York, say that betting against the senator in this case is not a wise position to take.

"He beat one federal indictment against all the odds, I wouldn't necessarily bet against him," said Belkin. "There is a sense of mistrust regarding federal prosecution among a large segment of the population."

Pointing to "spousal privilege" and highlighting the fact that "communications between husband and wife are typically privileged," Belkin suggested that issue will be "fertile ground for the defense to assert that privilege in order to make a motion to suppress some of the government's evidence."

At least a dozen New Jersey and national Democrats have called on Menendez to resign from office in the wake of the indictment.

The calls ramped up after New Jersey Gov. Phil Murphy, a Democrat, said the allegations that Menendez accepted hundreds of thousands of dollars in bribes in exchange for favors were "deeply disturbing" and that Menendez should immediately step down. Should Menendez resign, Murphy would appoint an interim senator to serve until Menendez's current term ends in 2025.

"These are serious charges that implicate national security and the integrity of our criminal justice system," Murphy said Friday. The governor emphasized that Menendez is innocent until proven guilty but noted that "the alleged facts are so serious that they compromise the ability of Sen. Menendez to effectively represent the people of our state. Therefore, I am calling for his immediate resignation."

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Menendez, who temporarily stepped down from his chairmanship of the Senate Foreign Relations Committee, has denied all wrongdoing and insisted that he will not resign.

"Those who believe in justice believe in innocence until proven guilty. I intend to continue to fight for the people of New Jersey with the same success I’ve had for the past five decades," Menendez said in a statement. "This is the same record of success these very same leaders have lauded all along. It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat. I am not going anywhere."

Fox News' Chris Pandolfo and Adam Sabes contributed to this report.

Top Republicans launch probe into Leonardo DiCaprio-funded blue state lawsuits against Big Oil

FIRST ON FOX: Two top Republican lawmakers are probing Sher Edling, a California-based law firm, over its dark money-fueled climate litigation against oil companies, Fox News Digital has learned.

In a letter sent to Sher Edling partners Vic Sher and Matt Edling on Monday morning, Senate Commerce Committee ranking member Ted Cruz, R-Texas, and House Oversight Committee Chairman James Comer, R-Ky., expressed concern about their firm's activities in targeting major energy companies nationwide. The GOP lawmakers further probed Sher Edling's relationship with a top Biden administration official over crafting climate policy.

"While people may use their resources to bring whatever cases they want — even those that may be so frivolous as to be sanctionable — it appears that left-wing funds are footing the bill for Sher Edling’s climate crusade," Cruz and Comer wrote in the letter obtained first by Fox News Digital. "Radical activists are backing these lawsuits, too."

"Sher Edling purports to be taking a righteous gamble that this ludicrous argument will pan out," they continued. "The firm shopped these lawsuits to jurisdictions around the country. And to convince them to sign up for what is likely to be very costly litigation, Sher Edling agreed to provide its legal service at no cost unless it obtained a 'settlement against the industry.'"

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Cruz and Comer noted that Ann Carlson, the current acting administrator of the National Highway Traffic Safety Administration (NHTSA), worked as a consultant for Sher Edling before she joined the Biden administration. Fox News Digital previously reported that she helped raise money from donors for the firm's litigation, a scheme that involved famed actor Leonardo DiCaprio and helped recruit at least one state, Hawaii, to hire Sher Edling.

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They further pointed to Carlson's work in the administration in which she unveiled strict fuel efficiency regulations that experts said would push more Americans to buy electric vehicles.

"It appears that Ms. Carlson has moved from attacking traditional energy through litigation to attacking it through regulation," they wrote to Sher Edling's partners.

The Republicans then demanded Sher Edling provide them with details about Carlson's work with it in addition to a detailed accounting of the firm's funding.

Since 2016, the year Sher Edling was founded, the firm has pursued aggressive climate-related litigation on behalf of Delaware, Minnesota, Rhode Island, New Jersey, New York City, Washington, D.C., San Francisco, Baltimore, Honolulu and several local governments across the country. The first-of-their-kind lawsuits allege major oil companies like Chevron, ExxonMobil and Shell have deceived the public about climate change.

On its website, the firm says its climate practice seeks to hold oil companies accountable for the alleged "deception." It claims that the fossil fuel industry has known for decades that burning fossil fuels would cause global warming, thus making the industry responsible for mass human devastation caused by such human-induced climate change.

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The latest such "climate deception" lawsuit was filed by California this month. While it is unclear whether Sher Edling is involved in the case, California's arguments largely mirror those made by the firm in its litigation.

Sher Edling's more than 20 ongoing climate lawsuits, though, have received funding from a behemoth left-wing dark money apparatus, Fox News Digital previously reported. Since the firm was established, it has received millions of dollars through the discreet funding stream.

According to tax filings, between 2017 and 2020, the secretive Collective Action Fund for Accountability, Resilience, and Adaptation (CAF) wired more than $5.2 million to Sher Edling. Then, in 2021 alone, CAF funneled another $3 million to the firm.

CAF switched its fiscal sponsorship from the Resources Legacy Fund to the New Venture Fund (NVF), a nonprofit that is part of the left-wing Arabella Advisors network and which boasts deep connections to big-dollar Democratic Party donors, sometime in 2021. 

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"As a fiscal sponsor, NVF provides operational and administrative support, including compliance, financial, back office, legal and HR operations so advocates can focus on their mission," a New Venture Fund spokesperson previously told Fox News Digital. "We are proud to support Collective Action Fund’s important work."

While the source of the millions of dollars in funding for Sher Edling funneled through CAF remains unknown, Fox News Digital reported last year that prominent left-wing nonprofits have contributed to CAF. The Leonardo DiCaprio Foundation, Emmett Foundation, MacArthur Foundation, William and Flora Hewlett Foundation, Rockefeller Brothers Fund and JPB Foundation have sent money to CAF.

The Leonardo Dicaprio Foundation was particularly identified by officials involved in the funding scheme as a "serious" supporter.

"Some left-wing groups funnel millions to law firms to sue companies across the country on questionable legal grounds," Comer remarked during a Sept. 13 Oversight Committee hearing on third-party litigation funding. "They are trying to use the courts to put these companies out of business or limit their ability to bring new products to market."

"These activist groups will find plaintiffs and pour millions into claims against energy, mining and manufacturing companies to the detriment of consumers, innovation, national security, the workforce and even to plaintiffs themselves – all in the name of political activism," he continued. "These groups know that their tactics and goals are too extreme for the American people to support. So, rather than use the electoral process, they are implementing their agenda through litigation against both the public and private sectors."

Sher Edling and the NHTSA did not immediately respond to requests for comment.