Category: fox-news/politics/executive/law

Court order halting deportation flights ‘unconstitutionally impedes’ on executive branch, Trump allies argue

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FIRST ON FOX: America First Legal (AFL) and Texas GOP Rep. Brandon Gill are supporting President Donald Trump's invocation of a 1798 wartime law, arguing a previous order blocking Trump's deportation plans "unconstitutionally impedes" his presidential authority. 

U.S. District Judge James Boasberg came under fire this past week after blocking the Trump administration on Saturday from invoking the Alien Enemies Act (AEA) to deport Venezuelan nationals, including alleged members of the gang Tren de Aragua (TdA), for 14 days. 

In his order, Boasberg ordered any flights in the air to return to U.S. soil immediately.

'WOEFULLY INSUFFICIENT': US JUDGE REAMS TRUMP ADMIN FOR DAYS-LATE DEPORTATION INFO

"This law was passed by Congress in 1798," America First Legal Senior Counsel James Rogers said in a statement released. "Until now — for more than 226 years — courts have universally held that they do not have the power to interfere with the President’s authority as Commander in Chief to decide when to invoke the Act and expel aliens under its terms."

In its amicus filing, AFL states that Gill "believes that Tren de Aragua poses a clear and present danger to the United States," saying he supports the president's efforts to "neutralize this threat quickly and efficiently."

"He sees the President’s use of the Enemy Aliens Act as vital to ensuring the safety of his constituents," the filing reads. 

SCOOP: IMPEACHMENT ARTICLES HIT JUDGE WHO ORDERED TRUMP TO STOP TREN DE ARAGUA DEPORTATION FLIGHTS

AFL argues that the AEA "confers on the President the power to invoke the Act’s provisions in cases of invasion or predatory incursion," saying such authority is not reviewable by the courts. 

The filing notes the president's commander in chief post, as vested by the Constitution, saying that the AEA "statutorily grants the President wartime powers," and courts cannot appropriately "second-guess" the president's decisions and discretion over the AEA's implementation.

"At best, the Plaintiffs seek to use the federal courts to deliver a political victory," the filing reads. "There is no dispute that the Plaintiffs are here illegally. Enjoining implementation of the TdA Proclamation unconstitutionally impedes the President’s ability to respond to national security threats."

On Thursday, Boasberg said the administration had missed a previously-set court deadline to disclose information on the deportation flights to El Salvador. Boasberg noted in an order issued that day that the government "again evaded its obligations" to submit the requested information even after he had allowed them to submit it under seal. 

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

The filing they submitted hours after the deadline failed to answer his questions.

Boasberg said the court had received a six-paragraph declaration from a regional ICE office director in Harlingen, Texas, that stated Cabinet secretaries are "actively considering whether to invoke the state secrets [act] privileges over the other facts requested by the Court’s order."

"This is woefully insufficient," Boasberg said. 

Following Boasberg's Saturday emergency order siding with the plaintiffs, Democracy Forward and the ACLU, Fox News Digital was first to learn that Gill had filed impeachment articles against Boasberg, saying at the time, "This is another example of a rogue judge overstepping his…authority."

"For the past several weeks, we've seen several rogue activist judges try to impede the president from exercising, not only the mandate voters gave him, but his democratic and constitutional authority to keep the American people safe," Gill told Fox News Digital. 

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Gill's resolution accuses Boasberg of abusing his power in levying an emergency pause on the Trump administration's deportation plans. 

The resolution text says the order "jeopardizes the safety of the nation, represents an abuse of judicial power, and is detrimental to the orderly functioning of the judiciary. Using the powers of his office, Chief Judge Boasberg has attempted to seize power from the Executive Branch and interfere with the will of the American people."

Fox News Digital's Breanne Deppisch and Elizabeth Elkind contributed to this report. 

‘Delivering accountability’: GOP reps launch judicial task force to expose ‘judicial activism’

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FIRST ON FOX: Republican Reps. Andrew Clyde, of Georgia, and Eli Crane, of Arizona, are launching a judicial task force "to unite members in exposing judicial activism" and target "rogue, activist judges" amid a flurry of legal challenges to the Trump agenda.

"I’m excited to lead this critical effort with my friend and fellow patriot, Congressman Eli Crane. Our Judicial Activism Accountability Task Force aims to unite members in exposing judicial activism, with the ultimate goal of impeaching rogue, activist judges," Clyde said in a statement to Fox News Digital.

Clyde notably announced in February he was drafting impeachment articles against Rhode Island-based District Judge John McConnell, who is overseeing a lawsuit against President Donald Trump. McConnell, at the time, filed a motion ordering the Trump administration to comply with a previous restraining order. The order temporarily blocked the administration’s efforts to pause federal grants and loans. 

JONATHAN TURLEY: JUDGE'S SPECIAL COUNSEL RULING MAY BE THE SETBACK TRUMP ADMIN WAS LOOKING FOR

Crane and other representatives have since followed Clyde's lead, announcing impeachment articles against other judges presiding over Trump-related lawsuits. 

Clyde said he encourages other members of Congress to join the task force who "are passionate about ending abusive judicial overreach, upholding the separation of powers, and defending the U.S. Constitution," saying they "look forward to delivering accountability for the American people."

Crane, who announced he was drafting impeachment articles against U.S. District Judge Paul Engelmayer, told Fox News Digital in a statement that, in recent years, "leftists weaponized the judicial branch." 

The Arizona Republican said, "If these activist judges want to be politicians, they should resign and run for public office."

JUDGE BLOCKS TRUMP ADMINISTRATION'S MASS DISMISSALS OF PROBATIONARY FEDERAL EMPLOYEES

"The American people delivered President Trump a mandate to disrupt the administrative state," Crane said. "These judges are violating the will of the people, and Congress has constitutional authority to impeach and convict these partisans."

Tennessee Republican Rep. Andy Ogles also announced he was drafting impeachment articles of his own following Clyde and Crane's efforts.

Ogles announced he had introduced impeachment articles against U.S. District Judge Amir Ali late last month. Ali, a D.C.-based Biden appointee, recently ordered the Trump administration to pay around $2 billion in foreign aid funds to contractors with a midnight deadline.

JUDICIAL PUSHBACK ON TRUMP 'HURTING AMERICAN PEOPLE,' SAYS GOP REP LEADING IMPEACHMENT CHARGE

Supreme Court Chief Justice John Roberts paused Ali's order after the Trump administration said it had created "an untenable payment plan at odds with the President’s obligations under Article II to protect the integrity of the federal fisc and make appropriate judgements(sic) about foreign aid – clear forms of irreparable harm."

Clyde and Crane's task force comes as the administration has become the target of more than 90 lawsuits aimed at President Donald Trump's executive orders and directives. The legal challenges cover Trump's executive order on birthright citizenship, the Department of Government Efficiency's (DOGE) efforts to slash unnecessary government spending, and Trump's removal of various federal employees. 

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Clyde spoke with Fox News Digital shortly after announcing his impeachment articles against McConnell, saying the real victims of judicial pushback against Trump's policies are the American people. 

"You're not just hurting the president," Clyde said. "You're hurting the American people because they're the ones who elected him, and they're the ones who want him to do this – to exercise these specific authorities. And these judges are really denying the American people their rights."

Fox News Digital's Bradford Betz contributed to this report.

‘Delivering accountability’: GOP reps launch judicial task force to expose ‘judicial activism’

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FIRST ON FOX: Republican Reps. Andrew Clyde, of Georgia, and Eli Crane, of Arizona, are launching a judicial task force "to unite members in exposing judicial activism" and target "rogue, activist judges" amid a flurry of legal challenges to the Trump agenda.

"I’m excited to lead this critical effort with my friend and fellow patriot, Congressman Eli Crane. Our Judicial Activism Accountability Task Force aims to unite members in exposing judicial activism, with the ultimate goal of impeaching rogue, activist judges," Clyde said in a statement to Fox News Digital.

Clyde notably announced in February he was drafting impeachment articles against Rhode Island-based District Judge John McConnell, who is overseeing a lawsuit against President Donald Trump. McConnell, at the time, filed a motion ordering the Trump administration to comply with a previous restraining order. The order temporarily blocked the administration’s efforts to pause federal grants and loans. 

JONATHAN TURLEY: JUDGE'S SPECIAL COUNSEL RULING MAY BE THE SETBACK TRUMP ADMIN WAS LOOKING FOR

Crane and other representatives have since followed Clyde's lead, announcing impeachment articles against other judges presiding over Trump-related lawsuits. 

Clyde said he encourages other members of Congress to join the task force who "are passionate about ending abusive judicial overreach, upholding the separation of powers, and defending the U.S. Constitution," saying they "look forward to delivering accountability for the American people."

Crane, who announced he was drafting impeachment articles against U.S. District Judge Paul Engelmayer, told Fox News Digital in a statement that, in recent years, "leftists weaponized the judicial branch." 

The Arizona Republican said, "If these activist judges want to be politicians, they should resign and run for public office."

JUDGE BLOCKS TRUMP ADMINISTRATION'S MASS DISMISSALS OF PROBATIONARY FEDERAL EMPLOYEES

"The American people delivered President Trump a mandate to disrupt the administrative state," Crane said. "These judges are violating the will of the people, and Congress has constitutional authority to impeach and convict these partisans."

Tennessee Republican Rep. Andy Ogles also announced he was drafting impeachment articles of his own following Clyde and Crane's efforts.

Ogles announced he had introduced impeachment articles against U.S. District Judge Amir Ali late last month. Ali, a D.C.-based Biden appointee, recently ordered the Trump administration to pay around $2 billion in foreign aid funds to contractors with a midnight deadline.

JUDICIAL PUSHBACK ON TRUMP 'HURTING AMERICAN PEOPLE,' SAYS GOP REP LEADING IMPEACHMENT CHARGE

Supreme Court Chief Justice John Roberts paused Ali's order after the Trump administration said it had created "an untenable payment plan at odds with the President’s obligations under Article II to protect the integrity of the federal fisc and make appropriate judgements(sic) about foreign aid – clear forms of irreparable harm."

Clyde and Crane's task force comes as the administration has become the target of more than 90 lawsuits aimed at President Donald Trump's executive orders and directives. The legal challenges cover Trump's executive order on birthright citizenship, the Department of Government Efficiency's (DOGE) efforts to slash unnecessary government spending, and Trump's removal of various federal employees. 

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Clyde spoke with Fox News Digital shortly after announcing his impeachment articles against McConnell, saying the real victims of judicial pushback against Trump's policies are the American people. 

"You're not just hurting the president," Clyde said. "You're hurting the American people because they're the ones who elected him, and they're the ones who want him to do this – to exercise these specific authorities. And these judges are really denying the American people their rights."

Fox News Digital's Bradford Betz contributed to this report.

‘Delivering accountability’: GOP reps launch judicial task force to expose ‘judicial activism’

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FIRST ON FOX: Republican Reps. Andrew Clyde, of Georgia, and Eli Crane, of Arizona, are launching a judicial task force "to unite members in exposing judicial activism" and target "rogue, activist judges" amid a flurry of legal challenges to the Trump agenda.

"I’m excited to lead this critical effort with my friend and fellow patriot, Congressman Eli Crane. Our Judicial Activism Accountability Task Force aims to unite members in exposing judicial activism, with the ultimate goal of impeaching rogue, activist judges," Clyde said in a statement to Fox News Digital.

Clyde notably announced in February he was drafting impeachment articles against Rhode Island-based District Judge John McConnell, who is overseeing a lawsuit against President Donald Trump. McConnell, at the time, filed a motion ordering the Trump administration to comply with a previous restraining order. The order temporarily blocked the administration’s efforts to pause federal grants and loans. 

JONATHAN TURLEY: JUDGE'S SPECIAL COUNSEL RULING MAY BE THE SETBACK TRUMP ADMIN WAS LOOKING FOR

Crane and other representatives have since followed Clyde's lead, announcing impeachment articles against other judges presiding over Trump-related lawsuits. 

Clyde said he encourages other members of Congress to join the task force who "are passionate about ending abusive judicial overreach, upholding the separation of powers, and defending the U.S. Constitution," saying they "look forward to delivering accountability for the American people."

Crane, who announced he was drafting impeachment articles against U.S. District Judge Paul Engelmayer, told Fox News Digital in a statement that, in recent years, "leftists weaponized the judicial branch." 

The Arizona Republican said, "If these activist judges want to be politicians, they should resign and run for public office."

JUDGE BLOCKS TRUMP ADMINISTRATION'S MASS DISMISSALS OF PROBATIONARY FEDERAL EMPLOYEES

"The American people delivered President Trump a mandate to disrupt the administrative state," Crane said. "These judges are violating the will of the people, and Congress has constitutional authority to impeach and convict these partisans."

Tennessee Republican Rep. Andy Ogles also announced he was drafting impeachment articles of his own following Clyde and Crane's efforts.

Ogles announced he had introduced impeachment articles against U.S. District Judge Amir Ali late last month. Ali, a D.C.-based Biden appointee, recently ordered the Trump administration to pay around $2 billion in foreign aid funds to contractors with a midnight deadline.

JUDICIAL PUSHBACK ON TRUMP 'HURTING AMERICAN PEOPLE,' SAYS GOP REP LEADING IMPEACHMENT CHARGE

Supreme Court Chief Justice John Roberts paused Ali's order after the Trump administration said it had created "an untenable payment plan at odds with the President’s obligations under Article II to protect the integrity of the federal fisc and make appropriate judgements(sic) about foreign aid – clear forms of irreparable harm."

Clyde and Crane's task force comes as the administration has become the target of more than 90 lawsuits aimed at President Donald Trump's executive orders and directives. The legal challenges cover Trump's executive order on birthright citizenship, the Department of Government Efficiency's (DOGE) efforts to slash unnecessary government spending, and Trump's removal of various federal employees. 

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Clyde spoke with Fox News Digital shortly after announcing his impeachment articles against McConnell, saying the real victims of judicial pushback against Trump's policies are the American people. 

"You're not just hurting the president," Clyde said. "You're hurting the American people because they're the ones who elected him, and they're the ones who want him to do this – to exercise these specific authorities. And these judges are really denying the American people their rights."

Fox News Digital's Bradford Betz contributed to this report.

Judicial pushback on Trump ‘hurting American people,’ says GOP rep leading impeachment charge

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Georgia Republican Rep. Andrew Clyde, who earlier this month announced he was drafting articles of impeachment against a Rhode Island judge overseeing one of President Donald Trump's legal challenges, condemned judges who continue to bar Trump's agenda from being implemented. 

Clyde is working in conjunction with Rep. Eli Crane, R-Ariz., who is also preparing impeachment articles against U.S. District Judge Paul Engelmayer. The Georgia Republican said the real victims of judicial pushback against Trump's policies are the American people. 

"You're not just hurting the president," Clyde told Fox News Digital. "You're hurting the American people because they're the ones who elected him, and they're the ones who want him to do this – to exercise these specific authorities. And these judges are really denying the American people their rights."

IMPEACHMENT THREAT HITS JUDGE WHO BLOCKED TRUMP FEDERAL FUNDING FREEZE

Clyde threatened to file articles of impeachment against District Judge John McConnell who, at the time, filed a motion ordering the Trump administration to comply with a previous restraining order. The order temporarily blocked the administration’s efforts to pause federal grants and loans. 

McConnell has since come under fire from Trump supporters and conservatives who have accused him of being a liberal activist after a 2021 video of him 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" resurfaced online.  

"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.

KEY HOUSE DEMOCRAT RIPS MUSK FOR USURPING PRESIDENTIAL POWERS, SAYS SOME HAVE DISCUSSED IMPEACHMENT

Clyde acknowledged that judges have their own opinions and "they're certainly entitled to them, but they're not overt and political in mentioning them," saying "they don't want to be seen as potentially having a conflict of interest."

"And I think that's very, very much the case when it comes to both Judge Engelmayer and Judge McConnell," the lawmaker said. 

Since taking office in January, activist and legal groups, along with elected officials, local jurisdictions and individuals, have launched more than 70 lawsuits against the administration. The legal challenges cover Trump's executive order on birthright citizenship, the Department of Government Efficiency's (DOGE) efforts to slash unnecessary government spending, and Trump's removal of various federal employees. 

DOJ ISSUES COMPLAINT ABOUT FEDERAL JUDGE’S ‘MISCONDUCT’ WHILE PRESIDING OVER MILITARY TRANS BAN COURT CASE

With regard to the specific suits over DOGE's actions, Clyde told Fox News Digital he expects the president to "prevail on the merits of his case."

"I think the president will certainly prevail on the merits of his case. He has the authority under Article II of the Constitution," Clyde said. "But yet for the entire time of the restraining order, the judge will have prevented this duly elected authority from being exercised by the president. And also, they will have prevented the American people from dealing with waste, fraud and abuse in their government."

Clyde said he hopes other members of Congress join his and Crane's efforts to continue holding judges accountable, saying those barring Trump's agenda from being implemented "need to understand that they're not going to get away with it."

"They can't just stop the president from doing what the Constitution gives him the authority to do, and the people have given him the authority to do," Clyde said. 

Fox News Digital's Elizabeth Elkind and Diana Stancy 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. 

Special counsel, IRS whistleblowers say don’t buy Biden ‘spin’ about Hunter Biden legal saga

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President Biden pardoned his son, Hunter Biden, late Sunday evening, sparing him from being sentenced in a pair of separate court cases in which he was found guilty of illegally purchasing a gun and failing to pay $1.4 million in taxes — convictions the president claimed were politically motivated and a "miscarriage of justice."

A review of Hunter Biden’s yearslong legal saga, however, shows another story, and those involved in the prosecutions are making sure that side of the story is told in the aftermath of the president's decision. 

"There was none and never has been any evidence of vindictive or selective prosecution in this case," special prosecutor David Weiss said in a court filing following the pardoning. 

Two IRS whistleblowers who sounded the alarm on Hunter Biden's tax issues also slammed the decision to pardon Hunter Biden, saying, "No amount of lies or spin can hide the simple truth that the Justice Department nearly let the President's son off the hook for multiple felonies."

"President Biden has the power to put his thumb on the scales of justice for his son, but at least he had to do it with a pardon explicitly for all the world to see rather than his political appointees doing it secretly behind the scenes. Either way it is a sad day for law abiding taxpayers to witness this special privilege for the powerful," IRS whistleblowers Supervisory Special Agent Gary Shapley and Special Agent Joe Ziegler said in a statement Sunday evening. 

2 TIMES BIDEN SAID HE WOULD NOT PARDON SON HUNTER BIDEN 

"No amount of lies or spin can hide the simple truth that the Justice Department nearly let the President's son off the hook for multiple felonies. We did our duty, told the truth, and followed the law. Anyone reading the President's excuses now should remember that Hunter Biden admitted to his tax crimes in federal court, that Hunter Biden's attorneys have targeted us for our lawful whistleblower disclosures, and that we are suing one of those attorneys for smearing us with false accusations," they continued, referring to their $20 million defamation lawsuit against Hunter Biden’s high-profile attorney Abbe Lowell in September for claiming the IRS investigators illegally leaked Hunter Biden’s private tax information.

The guilty plea, guilty verdict and the president’s pardoning caps off a yearslong legal saga for the first son and his family, with the cases stretching back to 2018 and notably featured the IRS whistleblowers who sounded the alarm on Hunter Biden’s tax issues. 

Hunter Biden was found guilty in the gun case in June, with a jury of his peers determining he made a false statement in the purchase of a gun, made a false statement related to information required to be kept by a federally licensed gun dealer, and possession of a gun by a person who is an unlawful user of or addicted to a controlled substance. 

He has a well-documented history of drug abuse, which was most notably documented in his 2021 memoir, "Beautiful Things," which walked readers through his previous need to smoke crack cocaine every 20 minutes, how his addiction was so prolific that he referred to himself as a "crack daddy" to drug dealers, and anecdotes revolving around drug deals, such as a Washington, D.C., crack dealer Biden nicknamed "Bicycles."

In the tax case, Hunter faced another trial regarding three felony tax offenses and six misdemeanor tax offenses regarding the failure to pay at least $1.4 million in taxes. As jury selection was about to kick off in Los Angeles federal court in September, Hunter entered a surprise guilty plea. 

TRUMP PREVIOUSLY PREDICTED BIDEN WOULD PARDON SON HUNTER

BIDEN PARDONS SON HUNTER BIDEN AHEAD OF EXIT FROM OVAL OFFICE

The tax case investigation originally kicked off in 2018, when the U.S. attorney in Delaware opened a probe into Hunter Biden’s finances. The first son initially notified the public that he was under investigation one month after his dad won the presidential election over President-elect Donald Trump in 2020. 

​​"I learned yesterday for the first time that the U.S. attorney’s office in Delaware advised my legal counsel, also yesterday, that they are investigating my tax affairs," Hunter Biden said in a statement released in December of 2020. "I take this matter very seriously, but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately, including with the benefit of professional tax advisers."

After President Biden took control of the Oval Office, his administration retained David Weiss, a Trump-appointed Republican charged with overseeing the investigation into Hunter Biden in his capacity as U.S. attorney for Delaware. The Biden administration had gutted all Senate-confirmed U.S. attorneys under the Trump administration, except for two individuals: Weiss, and Special Counsel John Durham, who investigated the origins of the Russia probe surrounding the 2016 election. 

KJP SAYS PRESIDENT BIDEN STILL HAS NO PLANS TO PARDON HUNTER BIDEN FOR TAX FRAUD, GUN CHARGES

Last year, Hunter Biden was in the midst of hashing out a plea agreement to two misdemeanor tax counts of willful failure to pay federal income tax, as well as a pretrial diversion agreement regarding a separate felony charge of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance. The plea agreement unraveled in Delaware court, however, and heightened his legal woes. 

Weeks later, Attorney General Merrick Garland appointed Weiss as special counsel, broadening the scope of the investigation into Hunter Biden. With the plea deal officially at an impasse, Weiss subsequently charged Hunter Biden in September of last year for the gun charges, and brought forth the nine tax-related charges against Hunter Biden in December of 2023 in California court. 

"The appointment of Mr. Weiss reinforces for the American people the department’s commitment to both independence and accountability in particularly sensitive matters," Garland said in the announcement of Weiss as special prosecutor. "I am confident that Mr. Weiss will carry out his responsibility in an evenhanded and urgent manner and in accordance with the highest traditions of this department."

Simultaneous to the investigations into Hunter Biden’s tax dealings and gun purchase scrutiny, IRS whistleblowers sounded the alarm that they gathered evidence Hunter Biden had allegedly committed "felony and misdemeanor tax charges." The whistleblowers were identified as IRS Special Agent Joseph Ziegler and his supervisor Gary Shapley. 

HUNTER BIDEN FOUND GUILTY ON ALL COUNTS IN GUN TRIAL

The whistleblowers told Congress last year that prosecutorial decisions made throughout the federal investigation into the president’s son were allegedly impacted by politics, claiming the Justice Department and IRS handled its probe of Hunter Biden’s finances with kid gloves. 

Ziegler said he felt the investigation into Hunter Biden was "handcuffed" and that the DOJ and Weiss slow-walked the investigation, while underscoring that he is a Democrat and worked to remove any personal political bias. 

"I'm a Democrat. In the last presidential election, I actually did not vote," Ziegler told CBS News last year. "I thought it would be irresponsible of me to do so because I didn't wanna show bias one way or the other."

The whistleblowers said the tax discrepancies stretched back to 2014 and related to Hunter Biden’s employment with Burisma Holdings, a Ukrainian natural gas firm. Fox Digital first reported in 2020 that Hunter Biden did not report "approximately $400,000" in income he collected from his position on the board of Burisma Holdings when he joined in 2014. 

Weiss' charges against Hunter Biden ultimately only focused on his failure to pay taxes between 2016 and 2020. However, the president's pardon of his son shields him from prosecution for offenses between 2014 and 2024. 

After the whistleblowers' attorney sent a letter to lawmakers in April of last year indicating they wished to "make a protected whistleblower disclosures to Congress" over claims the Biden admin was allegedly mishandling the matter, House Oversight Committee Chairman James Comer, R-Ky., subpoenaed the FBI to turn over materials related to a "criminal scheme involving then-Vice President Joe Biden and a foreign national."

JOE BIDEN MET WITH AT LEAST 14 OF HUNTER’S BUSINESS ASSOCIATES WHILE VICE PRESIDENT

Comer did ultimately receive documents related to President Biden’s alleged "criminal scheme," known as the FD-1023 document, but slammed the materials as essentially useless as they were reportedly overwhelmingly redacted. 

Meanwhile, the House Ways and Means Committee interviewed the IRS whistleblowers and released transcripts of their interviews last year showing claims the Biden administration slow-walked the investigation and claiming the DOJ refused to appoint Weiss special counsel status. The DOJ denied the claims. 

Shapley claimed the agency obtained a message from WhatsApp dated July 30, 2017, from Hunter Biden to Henry Zhao, CEO of Harvest Fund Management, where the president's son allegedly threatened his business associate by leveraging his father’s political clout.

"I am sitting here with my father and we would like to understand why the commitment made has not been fulfilled. Tell the director that I would like to resolve this now before it gets out of hand, and now means tonight," Hunter Biden allegedly wrote. The message was sent after Biden’s term as vice president under the Obama administration, and before he was elected president in 2020.  

"And, Z, if I get a call or text from anyone involved in this other than you, Zhang, or the chairman, I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction," the message continues. "I am sitting here waiting for the call with my father."

HUNTER BIDEN FACES NEW INDICTMENT IN CALIFORNIA

The White House has repeatedly denied the president had any business dealings with his son. 

As the investigations and whistleblower claims mounted, House Republicans opened an impeachment inquiry into Biden, with the House Oversight Committee, House Judiciary Committee and House Ways and Means Committee releasing a lengthy report in August that Biden engaged in "impeachable conduct" and "defrauded the United States to enrich his family." 

Republicans said there was "overwhelming evidence" that Biden participated in a "conspiracy to monetize his office of public trust to enrich his family" to the tune of more than $27 million from foreign individuals or entities since 2014.

The inquiry has fizzled in recent months, as the presidential election took center stage on the national level. 

Biden declared in his statement Sunday evening that the prosecution of Hunter was a "miscarriage of justice," apparently bolstering his reasoning for the pardon after he said at least twice he would not pardon his son. 

"From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted," Biden said in his statement announcing the pardon. 

"It is clear that Hunter was treated differently. The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election. Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the court room – with a number of my political opponents in Congress taking credit for bringing political pressure on the process. Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases," he continued. 

"I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further. I hope Americans will understand why a father and a President would come to this decision." 

Similar to his dad, Hunter Biden released a statement Sunday arguing the investigations and prosecutions were politically motivated.  

​​"I have admitted and taken responsibility for my mistakes during the darkest days of my addiction — mistakes that have been exploited to publicly humiliate and shame me and my family for political sport," Hunter Biden said in a statement to Fox News. "Despite all of this, I have maintained my sobriety for more than five years because of my deep faith and the unwavering love and support of my family and friends."

Fox News Digital reached out to the White House and Weiss's office for comment, but did not immediately receive a reply. 

Fox News Digital's Brooke Singman, Greg Wehner, and Charles Creitz contributed to this report. 

Who is Pam Bondi, Trump’s new pick for attorney general?

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Just hours after former Florida Congressman Matt Gaetz withdrew his name from consideration to be attorney general, President-elect Trump tapped former Florida Attorney General Pam Bondi as his AG nominee.

"For too long, the partisan Department of Justice has been weaponized against me and other Republicans – Not anymore," Trump wrote in his announcement. "Pam will refocus the DOJ to its intended purpose of fighting Crime, and Making America Safe Again.

"I have known Pam for many years – She is smart and tough, and is an AMERICA FIRST Fighter, who will do a terrific job as Attorney General!"

Bondi chairs the Center of Litigation and co-chairs the Center for Law and Justice at the America First Policy Institute. 

PRESIDENT-ELECT TRUMP ANNOUNCES PAM BONDI AS HIS NEW PICK FOR US ATTORNEY GENERAL

Here's what to know about Trump's new AG pick:

Bondi, 59, is a Tampa native and earned her bachelor's degree in criminal justice from the University of Florida and her law degree from Stetson Law School. She was admitted to the Florida Bar in 1991.

She worked as a prosecutor out of the Hillsborough County State Attorney's Office for more than 18 years, trying a variety of cases from domestic violence to murder.

Bondi made history in 2010 as the state's first female attorney general. Her campaign emphasized challenging the Affordable Care Act, also known as Obamacare, and later focused on human trafficking issues once in office. She also notably shut down pill mills and tackled the state's opioid crisis. 

She held the post until 2019. 

Bondi worked as one of Trump's defense lawyers in 2020 after he was first impeached on allegations that he had abused his power and obstructed Congress. 

"They have not charged the president with any crime because the president did nothing wrong," Bondi said when articles of impeachment were sent by the House to the Senate. "There was no crime. The transcript of that phone call speaks for itself."

MATT GAETZ WITHDRAWS FROM CONSIDERATION TO SERVE AS ATTORNEY GENERAL

Bondi also worked on Trump's Opioid and Drug Abuse Commission during his first administration. In her role on the commission, Bondi collaborated with national leaders on drug prevention and treatment. 

Bondi is a partner at Ballard Partners, a Florida-based lobbying firm founded by Brian Ballard. Bondi splits her time between Florida and Washington, D.C., chairing the firm's corporate regulatory practice. 

The D.C. office notably earned more than $70 million in lobbying fees during Trump's first term by representing various corporate clients, according to federal disclosures. 

Trump's incoming chief of staff, Susie Wiles, also works for the firm after becoming a partner there following Trump's 2016 victory. 

WITH GAETZ DROPPING OUT, DO HEGSETH, RFK JR. AND GABBARD NOW HAVE BIGGER TARGETS ON THEIR BACKS?

Bondi has been vocal in her criticism about Trump's prosecutions, going so far as appearing alongside Trump in New York City during his hush money trial. 

"They make it sound like it's a first-degree murder case, and I've tried plenty of trial cases, Trace, and never seen anything like this," Bondi told Fox News host Trace Gallagher in April, shortly after Trump was issued a gag order in his New York case. 

"They're trying to gag him not only of his First Amendment rights but of defending himself," Bondi said at the time. 

Fox News Digital's Chris Pandolfo contributed to this report. 

Trump attorney, Supreme Court justice clash on whether a president who ‘ordered’ a ‘coup’ could be prosecuted

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An attorney for former President Donald Trump in the presidential immunity hearing clashed with Supreme Court Justice Elena Kagan over a hypothetical question on whether a president who "ordered" a "coup" could be prosecuted. 

"If it's an official act, there needs to be impeachment and conviction beforehand," Trump's attorney John Sauer argued Thursday before the Supreme Court, which is being broadcast publicly via audio only. 

Sauer's statement was in response to Justice Elena Kagan's hypothetical question, asking if a president who is no longer in office directing the military to stage a coup would constitute an "official act."

"He's no longer president. He wasn't impeached. He couldn't be impeached. But he ordered the military to stage a coup. And you're saying that's an official act?," Kagan asked.

LIVE UPDATES: TRUMP NY TRIAL TESTIMONY RESUMES AS SUPREME COURT HEARS IMMUNITY ARGUMENTS

"I think it would depend on the circumstances, whether it was an official act. If it were an official act, again, he would have to be impeached," Sauer responded. 

"What does that mean? Depend on the circumstances? He was the president. He is the commander in chief. He talks to his generals all the time. And he told the generals, 'I don't feel like leaving office. I want to stage a coup.' Is that immune [from prosecution]?" Kagan pressed.

SUPREME COURT TO HEAR ARGUMENTS IN TRUMP PRESIDENTIAL IMMUNITY CASE

Sauer responded it would "depend on the circumstances of whether there was an official act" if the hypothetical president would be immune from prosecution. 

"That answer sounds to me as though it's like, 'Yeah, under my test it's an official act.' But that sure sounds bad, doesn't it?" Kagan said.

TRUMP SAYS NY JUDGE MERCHAN 'THINKS HE IS ABOVE THE SUPREME COURT' AFTER BARRING HIM FROM IMMUNITY ARGUMENTS

"That's why the framers have a whole series of structural checks that have successfully, for the last 234 years, prevented that very kind of extreme hypothetical. And that is the wisdom of the framers. What they viewed as the risk that needed to be guarded against was not the notion that the president might escape, you know, a criminal prosecution for something, you know, sort of very, very unlikely in these unlikely scenarios," Sauer responded.

"The framers did not put an immunity clause into the Constitution. They knew how there were immunity clauses in some state constitutions. They knew how to give legislative immunity. They didn't provide immunity to the president. And, you know, not so surprising. They were reacting against a monarch who claimed to be above the law. Wasn't the whole point that the president was not a monarch and the president was not supposed to be above the law," Kagan said. 

The back and forth came as the Supreme Court weighs whether Trump is immune from prosecution in Special Counsel Jack Smith’s election interference case. Smith’s case is currently on pause until the Supreme Court issues a ruling. The case charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. The case stems from Jan. 6, 2021, when supporters of Trump breached the U.S. Capitol. 

TRUMP SLAMS 'BIDENOMICS' AHEAD OF COURT, CLAIMS TO HAVE A 'GOOD CHANCE' OF WINNING LIBERAL STATE

Trump pleaded not guilty to all charges in August, and called on the Supreme Court to weigh whether a former president can be prosecuted for "official acts," as the Trump legal team argues. 

The Supreme Court is expected to reach a resolution on whether Trump is immune from prosecution by mid-June. 

Trump is also part of an ongoing trial in New York City where he is accused of 34 counts of falsifying business records in the first degree. He pleaded not guilty to each charge. The trial prevented Trump from attending the Supreme Court hearing Thursday. 

BIDEN INSISTS RED STATE WON TWICE BY TRUMP IS SUDDENLY 'IN PLAY'

The NY v. Trump case focuses on Trump’s former personal attorney Michael Cohen paying former pornographic actor Stormy Daniels $130,000 to allegedly quiet her claims of an alleged extramarital affair she had with the then-real estate tycoon in 2006. Trump has denied having an affair with Daniels. 

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Prosecutors allege that the Trump Organization reimbursed Cohen, and fraudulently logged the payments as legal expenses. Prosecutors are working to prove that Trump falsified records with an intent to commit or conceal a second crime, which is a felony.  Prosecutors this week said the second crime was a violation of a New York law called "conspiracy to promote or prevent election."

Fox News Digital’s Brooke Singman contributed to this report. 

The anti-Trump movement’s secret Zoom calls give their target ammo

Posted on by Latest Political News on Fox News

At first glance, it might seem like inside baseball.

A bunch of former prosecutors and cable pundits talking to each other about how much they don’t like Donald Trump and how he’s in deep legal trouble? Doesn’t that happen every day in green rooms and the corner bar?

But this, as disclosed by Politico, is different. These are some of the most prominent commentators in the media universe, and they appear to be consulting/coordinating/conspiring about their main target.

DAVID PECKER CALMLY LINKS TRUMP, MICHAEL COHEN TO SUPPRESSING STORIES, PUSHING FAKE NEWS

Even if that’s not the case, it looks awful.

It plays into the hands of conservatives who back Trump that the media are part of the resistance, determined to bring him down at all costs.

They can now say that it is a cabal, confirming all their darkest suspicions about the press determined to bring him down.

Every Friday, these media hotshots join in a secret, off-the-record Zoom call.

In a high-road description, the piece says the goal is to "intellectually stress-test the arguments facing Trump on his journey through the American legal system." But a beat later it says, "most are united by their dislike of Trump."

The origins of the group are telling, beginning during the Jan. 6 hearings, when committee staffers began briefing legal commentators on their work. I can think of classified military matters that haven’t remained secret as long.

TRUMP BLASTS JUDGE AFTER BARRING HIM FROM ATTENDING IMMUNITY ARGUMENTS

Who’s doing the zooming? Norman Eisen, an Obama administration official who worked with House Democrats on Trump’s first impeachment and is a CNN legal analyst, is the founder. 

He’s joined by Bill Kristol, a leader of the anti-Trump conservatives; longtime Harvard law professor Laurence Tribe; Watergate figure John Dean; and George Conway, ex-husband of Kellyanne, co-founder of the Lincoln Project and a fixture on MSNBC. 

AT A TURNING POINT? COLUMBIA ARRESTS AND ANTI-JEWISH HARASSMENT SHUT DOWN CAMPUS

That’s just the beginning. There is MSNBC analyst Andrew Weissman, who investigated the fruitless Russian collusion accusations against Trump as a prosecutor for Bob Mueller; why would anyone doubt his objectivity?

There are CNN legal analysts Jeffrey Toobin, Elliott Williams and Karen Agnifilo, along with L.A. Times columnist Harry Litman. And there’s Mary McCord, a former DOJ official who co-hosts an MSNBC podcast. 

Sometimes there are guests, which is also revealing. After Trump was held liable in E. Jean Carroll’s first defamation and sexual assault suit, her attorney, Roberta Kaplan, addressed the group. And, says Politico, former conservative judge J. Michael Luttig, who spearheaded a campaign to kick Trump off state ballots under the 14th Amendment, was another guest. The Supreme Court rejected the anti-democratic move.

Despite efforts to rationalize this as a meeting-of-great-minds exercise, I’m not buying it. Even Politico concedes the calls could "breed groupthink" – what a shocking thought.

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And cable news drives plenty of other coverage, particularly when certain themes are constantly pounded.

All these folks are smart enough to think for themselves. Which makes it surprising that they lack the common sense to see how troubling the Zooming looks.