High-profile Dem jumps into crowded California governor’s race amid past office controversies

Democratic former Rep. Katie Porter announced her bid for governor of California on Tuesday via an Instagram video saying the Golden State needs "a little bit of hope and a whole lot of grit, fresh blood and new ideas [and] leaders with the backbone to fight for what’s right."

Porter, 51, served three terms in Congress – winning her Orange County seat by upsetting GOP Rep. Mimi Walters in 2018. She ran unsuccessfully for the Senate seat now held by Sen. Adam Schiff, D–Calif., and her district is now represented by Dave Min, a Democrat. 

The former congresswoman was born in Fort Dodge, Iowa, and grew up on a farm before moving to the Pacific coast.

Gov. Gavin Newsom is term-limited, though all eyes in California are on whether former Vice President Kamala Harris also jumps into the race.

PORTER DENIES FIRING STAFFER FOR CATCHING COVID-19 AS TEXT MESSAGES SURFACE AND GO VIRAL

Porter told the Los Angeles Times that a Harris bid could clear the left flank of those assembled thus far.

"If Vice President Harris were to choose to run, I am certain that that would have a near field-clearing effect on the Democratic side," Porter said.

Harris is said to be seriously considering a run in Sacramento after losing the 2024 presidential election. A source close to Harris previously told Fox News Digital the ex-veep has told allies she will decide by the end of summer on whether to launch a gubernatorial campaign.

The Times also described Porter as a prolific fundraiser, while the former lawmaker’s gregarious nature was projected to make inroads among Californians upset at President Donald Trump’s election.

In her announcement, Porter referenced Trump and alleged he would seek to enrich himself and his circle while in the White House.

California has a unique "jungle primary" system where the two top vote-getters, regardless of party, will face off in the general. Sometimes that results in two Democrats competing in November. In Schiff’s case, former MLB star Steve Garvey gained enough Republican support to challenge the Burbank Democrat – only to strike out in the end.

Porter’s entry also brings with it her colorful history in the House of Representatives. 

Sasha Georgiades, a Wounded Warrior fellow who had worked in Porter’s office, alleged she had made rude and racist comments to staff and "ridiculed people for reporting sexual harassment."

KATIE PORTER USED ‘RACIST LANGUAGE’, RIDICULED PEOPLE FOR REPORTING SEXUAL HARASSMENT, EX-STAFFER CLAIMS

Georgiades also said Porter ridiculed people after they had reported sexual harassment in her office as well as "made fun of individuals whose parents passed away from COVID."

"Basically told the individual to grow up," Georgiades said regarding the case of a staffer who had reported sexual harassment in Porter’s office.

Reports also surfaced in late 2022 that Porter "made multiple staffers cry" and that one staffer was allegedly fired after she and the lawmaker caught COVID-19. 

"Sasha – I cannot allow you back in the office, given your failure to follow office policies," Porter wrote the next day on July 9, in texts shared on a "Dear White Staffers" X page and previously reported by Fox News Digital. 

"Cody will be in touch about having your personal effects shipped or delivered to your home, and will lay out your remote work schedule and responsibilities for your last few weeks."

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Porter reportedly denied the allegations at the time.

Porter also wore a "Batgirl" costume to the House of Representatives while lawmakers were voting on Trump’s first impeachment on Oct. 31, 2019 – Halloween.

Other top names include Lt. Gov. Eleni Kounalakis, former Los Angeles Mayor Antonio Villaraigosa on the Democratic side and Riverside County Sheriff Chad Bianco as the first major Republican –  amid a dozen or so candidates total.

When reached for comment, the Porter campaign directed Fox News Digital to its previous statements on the matter.

Fox News Digital's Paul Steinhauser contributed to this report.

Moderates reveal why they didn’t join fellow Dems to censure Al Green

Two moderate Democrats who voted against censuring Rep. Al Green, D-Texas, suggested they did not believe Congress should be focused on such matters.

Ten Democratic lawmakers broke from their party to vote on a House GOP-led resolution to formally admonish Green for protesting during President Donald Trump's address to a joint session of Congress on Tuesday night. 

The majority of those 10 are considered frontline Democrats in more moderate districts, while others, like Rep. Jared Moskowitz, D-Fla., are generally known to cross the aisle and work with Republicans.

Fox News Digital reached out to nine other Democrats representing moderate areas, who were part of the 198 total who opposed censuring Green.

PRESIDENT DONALD TRUMP CONCLUDES REMARKS AFTER DECLARING 'AMERICA'S MOMENTUM IS BACK'

Of those, just two – Reps. Jared Golden, D-Maine, and Josh Riley, D-N.Y. – offered responses.

"In today’s environment, censure tends only to give a greater platform to the censured legislator. So I tend to lean in favor of free speech unless a clear red line is crossed," Golden told Fox News Digital.

The Maine Democrat's written statement also included a link to a reference of his vote in favor of censuring "Squad" member Rep. Rashida Tlaib, D-Mich., over her anti-Israel comments.

He did, however, offer criticism for Green's interruption of Trump's speech.

"I voted against censuring Rep. Green because I don’t believe he crossed that line – and I don’t believe it’s in the House’s interest to draw even greater attention to his misguided behavior," Golden explained.

Riley's statement did not remark directly on Green but more broadly dismissed attention-seekers in Washington.

"Upstate New Yorkers sent me to Congress to lower costs, create jobs, and ensure they get a fair shot. I wish we’d spent this morning focused on that instead of the drama and political theater in Washington," the first-term House Democrat said.

Riley won his seat in November by unseating former Rep. Marc Molinaro, R-N.Y., in a district that spans much of central New York state.

TOP 5 MOMENTS FROM TRUMP'S ADDRESS TO JOINT SESSION OF CONGRESS

Green was censured in a 224 to 198 vote on Thursday morning after repeatedly disrupting the beginning of Trump's primetime speech.

He shouted, "You have no mandate!" at Trump and shook his cane in the air as the president touted Republican victories in the House, Senate and White House. Speaker Mike Johnson, R-La., after giving a warning, had Green removed from the chamber.

The 77-year-old Democrat was unrepentant, posting on X on Thursday afternoon, "Today, the House GOP censured me for speaking out for the American people against [Trump's] plan to cut Medicaid. I accept the consequences of my actions, but I refuse to stay silent in the face of injustice."

The 10 Democrats who voted to censure Green are Reps. Ami Bera, D-Calif.; Ed Case, D-Hawaii; Jim Costa, D-Calif.; Laura Gillen, D-N.Y.; Jim Himes, D-Conn.; Chrissy Houlahan, D-Pa.; Marcy Kaptur, D-Ohio; Jared Moskowitz, D-Fla.; Marie Gluesenkamp Perez, D-Wash.; and Tom Suozzi, D-N.Y.

Green himself voted "present," as did first-term Rep. Shomari Figures, D-Ala.

Dem Rep. Al Green, booted from Trump’s address to Congress, doubles down on impeachment

Democratic Rep. Al Green of Texas doubled down on impeaching President Donald Trump following his disruption and removal from the president’s address to Congress on Tuesday night.

Green, a longtime critic of Trump, told reporters after being removed that he was working on articles of impeachment against the president and defended his outburst at the start of Trump’s speech.

"This president is unfit," Green said. "He should not hold the office."

Green said it was worth being removed from the joint session of Congress to make his point, which he said was to object to Trump saying he had a "mandate."

SOCIAL MEDIA ERUPTS AFTER HOUSE DEM AL GREEN INTERRUPTED TRUMP'S ADDRESS: ‘EMBARRASSING THEMSELVES’

"I was making it clear to the president that he has no mandate to cut Medicaid," Green said, referring to the health care program used by 80 million Americans. "I have people who are very fearful. These are poor people, and they have only Medicaid in their lives when it comes to their health care."

"But it's worth it to let people know that there are some of us who are going to stand up against this president's desire to cut Medicaid, Medicare and Social Security," he said.

Green’s outburst saw the congressman wave his walking cane as he stood up and shouted at the president. Republicans drowned him out with chants of "USA! USA!"

House Speaker Mike Johnson, R-La., issued a warning for order, banging the gavel and saying, "Take your seat, sir!" When Green remained standing, Johnson ordered the Sergeants-at-Arms to restore order by removing the long-serving congressman from the chamber.

TOP 5 MOMENTS FROM TRUMP'S ADDRESS TO JOINT SESSION OF CONGRESS

When reporters asked Green if shouting during Trump’s speech was the best way to get his point across, the congressman did not waver.

"It is the best way to get that across to a person who uses his incivility, who uses his incivility against our civility," Green said of Trump. "He is a person who has consistently used incivility against civility."

Johnson said afterward that Green should be censured by the House – among the more severe reprimands his colleagues could mete out.

"He’s made history in a terrible way," Johnson told reporters after the session.

"If they want to make a 77-year-old heckling congressman the face of their resistance, if that’s the Democrat Party, so be it," Johnson said. "But we will not tolerate it on the House floor."

Green told reporters that he is "willing to suffer whatever punishment is available to me."

"I didn't say to anyone, don't punish me," Green said. "I've said, I'll accept the punishment."

The Associated Press contributed to this report.

Top 5 moments from Trump’s address to joint session of Congress

President Donald Trump addressed both chambers of Congress Tuesday evening in an expansive speech that lasted more than 90 minutes, as he took a victory lap for his accomplishments thus far and previewed his vision for the future. 

The speech marked Trump's first address before Congress since he reclaimed the Oval Office in January. Though similar to a State of the Union Speech, Trump's address did not carry the same official title as he has not been in office a full year. 

Fox News Digital compiled the top five moments from Trump's address, including Democratic protests, chants of "USA, USA, USA" and Trump revealing that a top terrorist has been apprehended. 

Trump spoke for about an hour and 40 minutes, notching the longest address a president has delivered before a joint session of Congress, according to the American Presidency Project at the University of California at Santa Barbara. The longest speech on record previously was held by former President Bill Clinton, when he spoke for one hour and 28 minutes during his State of the Union Address in 2000. 

"To my fellow citizens, America is back," Trump declared at the start of his Tuesday speech. 

"Six weeks ago, I stood beneath the dome of this Capitol and proclaimed the dawn of the golden Age of America," he said. "From that moment on, it has been nothing but swift and unrelenting action to usher in the greatest and most successful era in the history of our country. We have accomplished more in 43 days than most administrations accomplished in four years or eight years. And we are just getting started." 

The audience broke out into chants of "USA, USA, USA" as Trump opened his speech by declaring "America is back," 

Trump rattled off a handful of accomplishments since taking office, notably the Department of Government Efficiency's work to stamp out government overspending, fraud and mismanagement, as well as securing the border and previewing how his tariff plans will lead to an economic "boom" for Americans. 

'HE'S BACK': TRUMP'S JOINT ADDRESS TO CONGRESS TO BE BLANKETED WITH 6-FIGURE AD BUY TOUTING TAX PLAN

"Every single day, we will stand up and we will fight, fight, fight for the country our citizens believe in and for the country people deserve," Trump said in his conclusion. "My fellow Americans, get ready for an Incredible future, because the golden age of America has only just begun. It will be like nothing that has ever been seen before. Thank you. God bless you and God bless America." 

Speaker of the House Mike Johnson ordered the sergeant at arms to remove Democratic Texas Rep. Al Green after he repeatedly shouted during Trump's opening remarks. 

"Members are engaging in willful and continuing breach of decorum, and the chair is prepared to direct the sergeant at arms to restore order to the joint session," Johnson warned as a handful of Democrats disrupted Trump. 

"Mr. Green, take your seat," he said, as Green continued shouting and shaking his cane at Trump. 

Johnson ordered the Sergeant-at-Arms to remove Green from the chamber. 

Green, one of Trump’s most vocal critics, already has filed impeachment articles against Trump over what he called "ethnic cleansing in Gaza."

DEMOCRAT REMOVED FROM HOUSE CHAMBER AFTER DISRUPTING TRUMP'S SPEECH TO CONGRESS: ‘TAKE YOUR SEAT’

Some Democrats had warned their colleagues against protesting Trump ahead of the speech, with former Speaker of the House Nancy Pelosi, for example, saying they should let him "stew in his own juice."

Democrats, however, protested nonetheless, including remaining seated as Trump celebrated his policies, and held up signs reading "false," "lies," "Musk steals" and "Save Medicaid." Some female Democratic lawmakers wore pink suits in protest of policies they claim are anti-woman, while other Democrats were heard jeering Trump throughout the speech. 

Trump honored the lives of Laken Riley and Jocelyn Nungaray — who both were brutally killed by illegal immigrants under the Biden administration — including naming an animal refuge after Nungaray. 

"Alexis, I promised that we would always remember your daughter, your magnificent daughter," Trump said while directing his attention to Jocelyn Nungaray's mom, Alexis. "And earlier tonight I signed an order keeping my word to you. One thing I have learned about Jocelyn is that she loved animals so much. She loved nature. Across Galveston Bay, from where Jocelyn lived in Houston, you will find a magnificent National Wildlife Refuge. A pristine, peaceful, 34,000-acre sanctuary for all of God's creatures on the edge of the Gulf of America."

The 12-year-old Jocelyn Nungaray was sexually assaulted and murdered by strangulation when two illegal immigrants in their 20s allegedly lured the young girl under a bridge before killing her in June 2024. 

"Her precious Jocelyn walked to a nearby convenience store," Trump said. "She was kidnaped, tied up, assaulted for two hours under a bridge and horrifically murdered. Arrested and charged with this heinous crime are two illegal alien monsters from Venezuela, released into America by the last administration through their ridiculous open border. The death of this beautiful 12-year-old girl, and the agony of her mother and family touched our entire nation greatly."

Trump also celebrated the life of Laken Riley, who was 22 years old when she was discovered beaten to death by an illegal immigrant in 2024 after going for a run on the University of Georgia’s campus.

TRUMP HONORS LIVES OF LAKEN RILEY, JOCELYN NUNGARAY WHILE CELEBRATING STRIDES ON SECURING BORDER

"Laken was viciously attacked, assaulted, beaten, brutalized, and horrifically murdered," Trump said during his speech. "Laken was stolen from us by a savage illegal alien." 

Trump signed the Laken Riley Act into law upon taking office for a second time in January, saying that the U.S. will never forget Riley through the law that directs Immigration and Customs Enforcement to detain illegal immigrants arrested or charged with theft-related crimes, or those accused of assaulting a police officer. 

Trump declared during his speech that the U.S. "will never, ever forget our beautiful Laken Riley" through legislation he singed into law. 

"All three savages charged with Jocelyn and Laken's murders were members of the Venezuelan prison gang, the toughest gang, they say, in the world known as Tren De Aragua," Trump said. "Two weeks ago, I officially designated this gang, along with MS-13 and the bloodthirsty Mexican drug cartels, as foreign terrorist organizations." 

"They are now officially in the same category as ISIS, and that's not good for them," he said. "Countless thousands of these terrorists were welcomed into the U.S by the Biden administration. But now, every last one will be rounded up and forcibly removed from our country. Or, if they're too dangerous, put in jail, standing trial in this country, because we don't want them to come back ever."

Trump revealed during his speech that the top terrorist suspect behind the 2021 Abbey Gate attack in Afghanistan that killed 13 U.S. service members has been apprehended and headed towards the "swift sword of American justice." 

"Tonight, I am pleased to announce that we have just apprehended the top terrorist responsible for that atrocity," Trump revealed during his speech before a joint Congress. "And he is right now on his way here to face the swift sword of American justice." 

TRUMP REVEALS TOP TERRORIST BEHIND ABBEY GATE ATTACK APPREHENDED, FACING 'SWIFT SWORD OF AMERICAN JUSTICE'

The suspect was identified as Muhammed Sharifullah, Fox News confirmed. 

"And I want to thank, especially, the government of Pakistan for helping arrest this monster," he said. "This was a very momentous day for those 13 families, who I actually got to know very well." 

The Biden administration’s chaotic withdrawal from Afghanistan led to the deaths of 13 U.S. service members — eleven Marines, one Navy corpsman and one sailor — defending the Kabul airport, while hundreds of Americans and tens of thousands of Afghan allies were left in the country under Taliban rule. At least 170 Afghan civilians were injured in the attack, according to the U.S. military's investigation of it. 

The families who lost loved ones during the botched withdrawal had previously and repeatedly slammed former President Joe Biden and Vice President Kamala Harris over their deaths, including the families saying the "administration killed my son" and that they "have not seen any support from you or your administration."

Trump revealed he held a phone call with the families of those who were killed in Afghanistan, filling them in on the latest development, which he said brought them tears of joy. 

"I spoke to many of the parents and loved ones, and they're all in our hearts tonight," Trump said. "I spoke to them on the phone. We had a big call. Every one of them called. And everybody was on the line and they did nothing but cry with happiness. They were very happy. As happy as you can be under those circumstances. Their child, brother, sister, son, daughter was killed for no reason whatsoever," he said. 

DJ Daniel, a 13-year-old boy who survived cancer, stole the show Tuesday evening when the president introduced him to the audience and officially swore him in as a member of the Secret Service. 

"Joining us in the gallery tonight is a young man who truly loves our police," Trump told the crowd. "His name is DJ Daniel is 13 years old, and he has always dreamed of becoming a police officer. But in 2018, D.J. was diagnosed with brain cancer. The doctors gave him five months at most to live. That was more than six years ago."

13-YEAR-OLD CANCER SURVIVOR EARNS STANDING OVATION AS HE BECOMES SECRET SERVICE AGENT DURING TRUMP SPEECH 

Daniel received a standing ovation from a majority of the crowd, although some Democrats were seen sitting at various times while Trump was speaking about the 13-year-old.

Trump told the audience that Daniel and his dad, who was in attendance and held the young boy up to the cheering lawmakers, that they were on a "quest" to make his dream of becoming a police officer come true.

"Tonight, DJ, we're going to do you the biggest honor of them all," Trump said. "I am asking our new Secret Service Director, Sean Curran, to officially make you an agent of the United States."

The Secret Service chief walked over to Daniel and presented him with a customized Secret Service badge, as the audience cheered. 

"Thank you, DJ," Trump said after the crowd started chanting the young boy’s name.

Fox News Digital's Andrew Mark Miller and Diana Stancy contributed to this report.

Social media erupts after House Dem Al Green interrupted Trump’s address: ‘Embarrassing themselves’

Reactions poured in as Rep. Al Green, D-Texas, was removed from the House chamber for protesting in the middle of President Donald Trump’s address to Congress on Tuesday night. 

However, Green and other Democrats protesting were drowned out with chants of "USA" at the start of the president's remarks. 

On social media, several conservatives slammed Green and the Democrats, saying their behavior was "out of control."

"The Democrats are out of control. They are embarrassing themselves. Heckling the President, especially in a forum like this, is not how they will win," former White House Press Secretary Ari Fleischer posted on X.

TRUMP DECLARES 'AMERICA IS BACK' IN SPEECH BEFORE CONGRESS

"Al Green is a disgrace," Sen. Thom Tillis, R-N.C., tweeted. "[Trump] won the election. #47."

"Speaker Mike Johnson just ordered the Sergeant at Arms to forcibly remove Rep. Al Green for breaking rules of decorum in the House Chamber. Good for the Speaker. Al Green is a clown," Turning Point USA founder Charlie Kirk posted on X.

"Rep. Al Green has been a gadfly his entire time in Congress. He purposefully disrupted in order to get removed… shameful conduct, but absolutely not surprising," American Encore President Sean Noble stated on X.

"I am disgusted. This is disgusting behavior on the part of democrats," Megan McCain, the daughter of the late Sen. John McCain, said on X. "Get a grip. You’re in congress."

TUNE IN: LIVE COVERAGE OF TRUMP'S ADDRESS TO CONGRESS TUESDAY NIGHT ON FOX NEWS

However, some believe that the Democratic congressman did the right thing. 

"Rep. Al Green is a goddamn hero," progressive writer and former Hillary Clinton adviser Charlotte Clymer tweeted.

"If 77 year old Al Green can disrupt and be removed, then every single other Democrat had a duty to do so as well. Keep em coming," Dear White Staffers, a popular far-left social media account, posted on X.

Speaker Mike Johnson asked the Sergeant at Arms to escort the Democrat out of the chamber, which was met with cheers from Republicans. Many of Green’s fellow Democrats remained seated as the interaction went on.

Green, one of Trump’s most vocal critics, has already filed impeachment articles against Trump over what he called "ethnic cleansing in Gaza."

SCOOP: SPEAKER JOHNSON REVEALS GUEST LIST FOR TRUMP'S BIG SPEECH TUESDAY

He was far from the only one making a statement on Tuesday night, as many of the Democratic women in the chamber wore pink in uniform, and Rep. Melanie Stansbury, D-N.M., briefly held up a sign behind the president stating "This is not normal." The sign was quickly taken away by Rep. Lance Gooden, R-Texas. 

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

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." 

Out of power: Democrats disoriented in fight against Trump agenda

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.

Texas Dem launches first Trump impeachment articles over Gaza

Democratic Rep. Al Green, the Houston, Texas, congressman who made three attempts to impeach President Donald Trump during his first term, initiated his first impeachment effort in 2025.

Green rose to address the House on Wednesday and said "ethnic cleansing in Gaza is not a joke, especially when it emanates from the President of the United States."

"And [Israeli Prime Minister Benjamin Netanyahu] should be ashamed, knowing the history of his people, to stand there and allow such things to be said."

Green went on to say his formal impeachment articles are for "dastardly deeds proposed and dastardly deeds done."

REP. AL GREEN SAYS PRESIDENT IS 'NO BETTER THAN' KKK IN WAKE OF 'LYNCHING' TWEET

Trump had announced Tuesday the U.S. would "take over" war-torn Gaza and allow Palestinians to relocate while it is being essentially repaired.

"I also rise to say that the impeachment movement is going to be a grass up movement, not a top down… I did it before, I laid the foundation for impeachment, and it was done. Nobody knows more about it than I," Green went on.

"And I know that it time for us to lay the foundation again. On some issues, it is better to stand alone than not stand at all on this issue. I stand alone. But I stand for justice."

Other Democrats appeared lukewarm to Green’s current bid.

"It’s not a focus of our caucus," said House Democratic Caucus Chair Peter Aguilar, D-Calif. 

Green’s previous attempts were separate from those successful impeachments forwarded by now-California Democratic Sen. Adam Schiff and others – which related to Trump’s 2019 phone call with Ukrainian President Volodymyr Zelenskyy and the 2021 Capitol riot.

One Green resolution centered on 2019 Trump tweets deriding members of the left-wing Squad, wherein the president remarked "they [should] go back and help fix the totally broken and crime infested places from which they came."

During a House Judiciary Committee hearing at the time of one of Green’s previous impeachment attempts, Republican staff posted a banner of the Democrat’s own words:

"I’m concerned that if we don’t impeach this president, he will get re-elected," Green had said.

Veterans Affairs Secretary Doug Collins – then the panel’s ranking member – listed Green’s comments as one of several in remarks criticizing Democrats for trying to usurp the power of the voting booth through political maneuvering.

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"For Democrats, it has been and will always be, to paraphrase Lewis Carroll: ‘Sentence first, verdict later,’" Collins said at the time.

During the Obama administration, the late Rep. Walter Jones Jr., R-N.C., similarly repeatedly called for President Barack Obama’s impeachment over issues ranging from the use of drones to troop casualties in Syria.

Fox News Digital reached out to Green’s office and was told "it is a matter of time" when the articles would be filed.

Fox News' Chad Pergram and Elizabeth Elkind contributed to this report.