Biden resists pulling controversial judicial nominee Adeel Mangi despite Democrat defectors

The White House is not taking any cues from Republicans who have advised President Biden to withdraw a controversial judicial nomination.

Instead, it's digging in its heels to lobby Democratic senators to support Adeel Mangi for the 3rd Circuit Court of Appeals. 

A White House official updated Fox News Digital on the status of Mangi's nomination, which has been scrutinized over his ties to two groups, one accused of antisemitism and another that has supported "cop killers," as Republican critics have alleged. 

Biden is not considering withdrawing the judicial nomination despite a call from Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C. 

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Mangi served on the board of advisers for the Rutgers University Center for Security, Race and Rights (CSRR) from 2019 to 2023. The center has been accused by Republicans of antisemitism due to its sponsored events and speakers. One such event was held on the 20th anniversary of the Sept. 11, 2001, terrorist attacks and featured controversial speakers like Hatem Bazian, who in 2004 called for an "intifada," according to video from an anti-war protest in San Francisco, and Sami Al-Arian.

In 2006, Al-Arian pleaded guilty to "conspiring to provide services to the Palestinian Islamic Jihad," according to the Justice Department

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Noura Erakat, who had previously been advertised as a panelist for a separate event alongside Hamas commander Ghazi Hamad, was also hosted at a CSRR event. 

The Alliance of Families for Justice (AFJ), whose founding board member, Kathy Boudin, pleaded guilty to the felony murder of two police officers in 1981 after they died following an armored truck robbery, features Mangi as a current advisory board member. The robbery was carried out by Boudin's group, the Weather Underground Organization, which was recognized as a domestic terrorist organization by the FBI

Neither the CSRR nor AFJ provided comments to Fox News Digital. 

As pressure has been applied by Republican lawmakers and an ad campaign from Judicial Crisis Network targets vulnerable Senate Democrats, Biden's nominee has begun to lose support from his party. Senators Catherine Cortez Masto, D-Nev., and Jacky Rosen, D-Nev., have come out publicly against Mangi, citing his AFJ affiliation. 

Sen. Joe Manchin, D-W.Va., has also complicated the nomination by claiming he won't support anyone who can't garner at least one Republican supporter. 

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"The opposition to Adeel Mangi — in and outside the Senate — is growing by the day," a spokesperson for the Senate Judiciary Republicans told Fox News Digital in a statement. 

"It’s clear the math is not there for the White House," the statement added, calling Biden's decision not to withdraw Mangi's nomination "puzzling indeed."

White House spokesperson Andrew Bates pushed back in a statement to Fox News Digital. 

"President Biden is proud to have chosen Adeel Mangi," he said, calling Mangi "an extraordinarily qualified nominee" and noting he "would make history on the bench" as the first Muslim in such a position.

"The Senate Judiciary Committee has approved Mr. Mangi’s nomination, and the rest of the Senate should side with what makes America the greatest nation on Earth and support him, not cave to vicious, undignified attempts to drag America into the past," Bates added. 

White House chief of staff Jeff Zients, White House Director of Legislative Affairs Shuwanza Goff, Deputy Assistant to the President and Deputy Director of the Office of Legislative Affairs Ali Nouri, White House Counsel Ed Siskel and White House senior counsel in charge of nominations Phil Brest, continue to press senators to support Mangi, who would be the first Muslim federal appellate court judge, a White House official revealed. 

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Through these officials, the White House is persisting and pushing back on the concerns over Mangi's two group affiliations in question, telling senators they are false and a smear campaign. They are also reiterating to lawmakers that the nominee is qualified for the role. 

Senate Judiciary Chariman Dick Durbin, D-Ill., will also keep up pressure on his colleagues to support Mangi and dismiss what he also considers to be a smear campaign. 

"The treatment of this nominee before the Senate Judiciary Committee has reached a new low in many ways," he said in a recent speech on the chamber floor, insinuating Mangi's status as a Muslim is the reason for opposition to his confirmation.

If Biden does not withdraw Mangi's nomination and it is not scheduled for a confirmation vote in 2024, the nomination will expire on its own. In this case, he would need to be nominated again in the next Congress. 

The nomination has not yet been scheduled for a vote by Senate Majority Leader Chuck Schumer, D-N.Y., who has noted his own support for Mangi but hasn't given any indication whether he plans to schedule a vote. 

Republican strategist Ron Bonjean, a former spokesman to Senate Majority Leader Trent Lott and former chief of staff of the Senate Republican Conference, said it was "unlikely" Mangi's nomination survives a Senate confirmation. 

"The White House has not put up an aggressive defense of Mangi, which is really sending my message that he should withdraw [on] his own," said Bonjean, who also ran communications for the Senate confirmation of Supreme Court Justice Neil Gorsuch. "Unless the Biden administration changes its strategy, the Mangi nomination is dead in the water."

Mangi did not provide comment to Fox News Digital.

Biden rolls out new endorsements for controversial judicial nominee as Dem support dwindles

The White House is moving forward with its campaign to confirm judicial nominee Adeel Mangi and pushing back on claims that he is antisemitic or against law enforcement, despite several Democratic senators expressing concern over the nominee's organizational ties and casting doubt on his chances of garnering enough votes. 

According to a White House official, Biden's team is keeping the pressure on senators to confirm Mangi, who is nominated to serve on the 3rd U.S. Circuit Court of Appeals, dismissing attacks on him as false. The official said those focused on lobbying senators to support the nominee are White House chief of staff Jeff Zients, White House Director of Legislative Affairs Shuwanza Goff, Deputy Assistant to the President and Deputy Director of the Office of Legislative Affairs Ali Nouri, White House Counsel Ed Siskel, and White House senior counsel in charge of nominations Phil Brest.

Zients said in a statement to Fox News Digital, "Some Senate Republicans and their extreme allies are relentlessly smearing Adeel Mangi with baseless accusations that he is anti-police."

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"That could not be further from the truth and the close to a dozen law enforcement organizations that have endorsed him agree," he said, pointing to several new endorsements of Mangi by three former attorneys general in New Jersey, two former U.S. attorneys who served in the state, the International Law Enforcement Officers Association, the Italian American Police Society of New Jersey and the National Organization of Black Law Enforcement Executives. 

"The Senate must confirm Mr. Mangi without further delay," Zients said. 

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Chances of Mangi being confirmed have appeared grim in recent weeks as allegations of antisemitism have been spotlighted due to his previous role on the board of advisers for the Rutgers University Center for Security, Race and Rights (CSRR). The center has sponsored events, including one on the 20th anniversary of the Sept. 11, 2001, terrorist attacks, with controversial speakers like Hatem Bazian, who in 2004 called for an "Intifada," according to video from an anti-war protest in San Francisco, and Sami Al-Arian, who in 2006 pleaded guilty to "conspiring to provide services to the Palestinian Islamic Jihad," according to the Justice Department. 

The CSRR has also hosted an event with Noura Erakat, who had previously been advertised as a panelist for a separate event alongside Hamas commander Ghazi Hamad.

Mangi has also been accused of being against law enforcement because of his role as a current advisory board member for the Alliance of Families for Justice (AFJ). The alliance's founding board member, Kathy Boudin, pleaded guilty to the felony murder of two police officers in 1981 after they died during the robbery of an armored truck. The robbery was carried out by Boudin's group, the Weather Underground Organization, which was recognized as a domestic terrorist organization by the FBI. 

Neither the CSRR nor AFJ provided comments to Fox News Digital. 

Sen. Ted Cruz, R-Texas, told Fox News Digital in a statement, "It is unsurprising that Mangi’s record has split Senate Democrats, and the White House should recognize their error, withdraw Mangi’s nomination, and instead nominate a candidate who can garner widespread bipartisan support."

Sen. Tom Cotton, R-Ark., said Mangi's "well-known ties to this extreme organization that supports terrorists and cop killers makes him wholly unqualified to serve as an appellate judge."

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Biden's White House has previously hit back at criticism of Mangi, calling it a "malicious and debunked smear campaign" prompted by the nominee's potential to become the first Muslim appellate judge. 

While Judiciary Republicans had already sounded alarm bells over Biden's pick last year after probing Mangi about his connections to the groups, Democratic senators appeared likely to fall in line behind the president's choice. 

However, after a recent report indicated Biden was being privately warned that Mangi may not have enough votes for confirmation, Sen. Catherine Cortez Masto, D-Nev., revealed she was one of the lawmakers to reach out to the White House with concerns. 

The senator previously confirmed her stance against the nominee to Fox News Digital, citing his connection to AFJ.

Several other Democratic senators recently refused to say whether they would support Mangi.

The office of Sen. Joe Manchin, D-W.Va., confirmed to Fox News Digital that he is also committed to voting against Biden's pick. 

Cortez Masto and Manchin were recently joined by Sen. Jacky Rosen, D-Nev., who said in a statement, "Given the concerns I’ve heard from law enforcement in Nevada, I am not planning to vote to confirm this nominee."

Patterson Belknap Webb & Tyler LLP, the law firm at which Mangi is a partner, did not provide comment to Fox News Digital. 

The loss of any Democratic support is a concern for Mangi's confirmation prospects, given the Senate's close 51-49 split in favor of the Democratic caucus.

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Sen. Lindsey Graham, R-S.C., called on Biden last week to withdraw the nomination, and now Republicans are reinforcing their campaign against Mangi's confirmation. 

"The White House can’t defend Adeel Mangi’s record. So, they’re launching personal attacks against anyone who notices the ties to cop-killers and antisemites that Mr. Mangi has forged of his own free will," Sen. John Kennedy, R-La., said in a statement. 

He added, "It’s not Islamophobic for senators to recognize" a nominee's failure to meet qualifications. 

"Now even his own Democrat party is rebelling against [Biden]," Sen. Josh Hawley, R-Mo., remarked in a statement, attributing it to the president's "push for radical, anti-Israel nominees."

On Thursday, the Senate Judiciary GOP revealed three additional law enforcement groups were opposing Biden's choice, bringing the total to 17. The Pennsylvania Fraternal Order of Police, Philadelphia Fraternal Order of Police Lodge 5 and Pennsylvania State Troopers Association penned a joint letter to Majority Leader Chuck Schumer, D-N.Y.; Minority Leader Mitch McConnell, R-Ky.; Judiciary Chairman Dick Durbin, D-Ill.; Ranking Member Graham; and Pennsylvania Sens. Bob Casey and John Fetterman, who are both Democrats. 

The court that Mangi has been nominated to serve on is located in Philadelphia. 

The Pennsylvania-based groups noted their letter is on behalf of over 40,000 members requesting that the Senate "reject the nomination" of Mangi, citing his AFJ affiliation. 

Senate Democrats could spoil Biden’s Muslim judicial nominee over ‘deeply concerning’ ties

President Biden's chosen nominee for the 3rd Circuit Court of Appeals is in danger of failing to garner enough votes to be confirmed in the Senate after concerns rose over his affiliations with groups tied to criminal and alleged antisemitic figures.

Adeel Mangi is a partner at Patterson Belknap Webb & Tyler LLP and received his master of laws degree from Harvard Law School in 2000. The nomination would be a first for Biden. Mangi would be the only Muslim to serve on a federal appeals court if confirmed. 

However, Senate Republicans and Democrats have expressed concern over the nominee in recent days, putting his confirmation at risk. With a roughly evenly divided Senate, Mangi likely needs the support of every Democrat in the body, as well as all three independents. 

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Mangi has been affiliated with both the Center for Security, Race and Rights (CSRR) at Rutgers Law School and the Alliance of Families for Justice (AFJ), both of which have controversial records. 

The CSRR has hosted numerous speakers that the advocacy group Jewish Federation of Greater MetroWest NJ and watchdog group Judicial Crisis Network (JCN), among others, have accused of antisemitism. The speakers included associate professor Noura Erakat, who was advertised in 2020 to be participating in a panel alongside senior Hamas leader Ghazi Hamad. Many of the center's events that have been subject to public outcry have notably occurred after Hamas' Oct. 7 terrorist attack on Israel. 

The group has also welcomed speakers who have been accused by JCN and others of sympathizing with terrorists connected to the 9/11 terrorist attacks in New York City. 

Mangi served on the organization's advisory board from 2019 to 2023.

The AFJ also has ties that concern some lawmakers. One of its founding board members, Kathy Boudin, was affiliated with the FBI-designated domestic terrorist organization Weather Underground and pleaded guilty to murdering two police officers and a security guard in 1981 while robbing an armored truck. 

Mangi is listed as a current advisory board member for AFJ. 

"Mr. Mangi’s affiliation with the Alliance of Families for Justice is deeply concerning," Democratic Sen. Catherine Cortez Masto of Nevada said in a statement to Fox News Digital Wednesday. 

"This organization has sponsored a fellowship in the name of Kathy Boudin, a member of the domestic terrorist organization Weather Underground, and advocated for the release of individuals convicted of killing police officers. I cannot support this nominee." 

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Cortez Masto's potential defection could upend Biden's effort to confirm Mangi. The Nevada senator revealed Tuesday she was one of the Democrats who privately warned Biden about a lack of support for his nominee. A report had previously alleged several senators told the White House Mangi may not be able to earn enough votes for confirmation. 

A number of Democratic senators refused to say whether they would support Mangi's nomination, including Bob Casey, D-Pa., and Tammy Baldwin, D-Wis., who are both up for re-election in competitive matchups in November. 

"When there's a vote scheduled, we'll talk about it then," said Casey. 

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The Pennsylvania senator declined to address whether he had reservations about the nominee. 

"I give every nominee serious consideration," Baldwin said. "We're looking at it right now."

Sen. Ted Cruz, R-Texas, a member of the Senate Judiciary Committee, has already raised concerns over Mangi.

"It is becoming more and more clear every day that Mangi is not going to have the votes to get confirmed," Cruz told Fox News Digital. "And it was foolish for President Biden to nominate an individual who has a record of serving on the board of an organization that has rationalized and apologized for 9/11 and has welcomed radical terrorists to its programming."

The only question left, he said, is "how long the White House will let Mr. Mangi hang out on a limb."

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At the same time, many Democrats reiterated their plan to support Mangi when speaking to Fox News Digital Tuesday.

Sen. Sheldon Whitehouse, D-R.I., said he will vote to confirm Biden's nominee "as I did in committee."

"No worries," Sen. Tammy Duckworth, D-Ill., said of her support for Mangi. 

But with such a divided upper chamber, it may only require a few Democratic votes to prevent his confirmation, making the support of the rest of the caucus moot. 

Republican efforts to highlight Mangi's controversies came to a head Wednesday, when Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C., called on Biden to withdraw his nomination. 

"It has been a long-standing position of mine to give great deference to executive appointments, particularly judicial appointments, for both parties," he said in a press release. "However, it is clear to me that concerns about this nomination are widespread, not just among Republicans in the Senate.

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"I urge President Biden to seriously listen to these concerns and withdraw Mr. Mangi’s nomination."

In a statement to Fox News Digital, the White House defended the president's choice for the court. 

"President Biden is proud to have nominated Adeel Mangi, whose extraordinary qualifications and integrity are gaining him new backing each day, including from the seventh law enforcement organization to endorse his confirmation, as well as retired circuit Judge Timothy Lewis, who was appointed by President George H.W. Bush," said White House spokesperson Andrew Bates. 

He claimed Mangi is "being targeted by a malicious and debunked smear campaign solely because he would make history as the first Muslim to serve as a federal appellate judge."

Bates further urged Senate Democrats to "side with the qualities that make America exceptional — which Mr. Mangi embodies — not the hateful forces trying to force America into the past."  

Fox News Digital has reached out to CSRR, AFJ and Patterson Belknap Webb & Tyler LLP, where Mangi is a partner, for comment.

DOJ further acknowledges Hunter Biden’s laptop is real, contents match Apple iCloud backups

Federal prosecutors further acknowledged in court documents filed Tuesday that the laptop Hunter Biden dropped off at a computer store is in fact real, adding that the contents on the laptop matched what had previously been obtained through a search warrant on the president’s son’s Apple iCloud.

In the court documents, the Department of Justice said the IRS and FBI obtained a search warrant for tax violations in August 2019 and were able to get access to Hunter’s Apple iCloud account.

By September 2021, Apple produced backups of data from various electronic devices Hunter backed up to his iCloud account.

"Investigators also later came into possession of the defendant's Apple MacBook Pro, which he left at a computer store," the court filing reads. "A search warrant was also obtained for his laptop and the results of the search were largely duplicative of information investigators had already obtained from Apple."

HUNTER BIDEN'S GUN POUCH HAD COCAINE RESIDUE ON IT, PROSECUTORS SAY

In 2020, John Paul Mac Isaac, a computer repair shop owner who turned over the laptop belonging to the president’s son to authorities and members of the press, said a man he believed to be Hunter dropped off three laptops in his store in April 2019. Only one of the laptops was salvageable, and while repairing the laptop, Mac Isaac said he discovered disturbing material.

Mac Isaac could not get in touch with the customer, and said he first searched the emails by keyword in June or July 2019.

The laptop saga began in October 2020, when the New York Post reported about a 2015 email from a Ukrainian energy executive to Hunter, thanking him for introducing him to his father, that it obtained from the hard drive of Hunter's laptop. Joe Biden was vice president at the time of the message, and his son then enjoyed a lucrative position on the board of Burisma, a Ukrainian energy firm, raising concerns of attempted influence-peddling with his powerful father. 

The laptop's content included a peek into Hunter's overseas business dealings, as well as more sordid material like homemade sex tapes and videos showing him using illegal drugs. 

The laptop was widely dismissed by print and television outlets, especially The New York Times, The Washington Post, MSNBC and CNN. 

Twitter and Facebook blocked or limited sharing of the New York Post's article about Biden. Twitter even locked the New York Post out of its account for weeks.

But in February 2023, the first son admitted that the laptop at the center of a federal investigation belonged to him in a letter from his lawyers.

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At the time, journalist Miranda Devine, who authored the book "Laptop from Hell," tweeted about Hunter’s admission, saying it was not Russian disinformation or a "plant," as the president and 51 dishonest former intel officials pretended. The 51 intel officials she referred to were the 51 intelligence experts who signed a letter casting doubt on the scandal.

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In June 2023, the DOJ said it knew in December 2019 that the laptop was "not manipulated in any way" and contained "reliable evidence," but was "obstructed" from seeing all available information, according to an IRS whistleblower involved in the probe.

The admission revealed the DOJ knew the laptop was not manipulated nearly a year before the intelligence officials and President Biden declared it was planted as part of a Russian disinformation campaign.

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Court records allege that the searches revealed incriminating evidence, like the first son’s addiction to controlled substances and his possession of a firearm.

For example, the court documents say prior to Oct. 12, 2018, when Hunter obtained a firearm, he took photos of crack cocaine and drug paraphernalia on his phone. He also sent messages "routinely" about purchasing drugs.

During the two days after Hunter purchased the firearm, he messaged his girlfriend about meeting a drug dealer and smoking crack, court documents say.

The documents also show Hunter messaged about sleeping on a car and smoking crack, efforts by his then-girlfriend to discard the firearm, and how his devices contained photos and videos of "apparent cocaine, crack cocaine and drug paraphernalia."

Hunter Biden’s gun pouch had cocaine residue on it, prosecutors claim

Federal prosecutors claim a brown leather pouch used by Hunter Biden to store a gun had cocaine on it.

On Tuesday, prosecutors asked a judge to reject President Biden’s son Hunter’s efforts to dismiss gun charges because investigators found cocaine residue on the pouch used to hold his gun.

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Prosecutors told the judge, "the strength of the evidence against him is overwhelming," rejecting Hunter Biden’s claims that he was being singled out for political reasons.

Hunter Biden previously made incriminating statements about his drug use in a 2021 memoir, but now investigators are saying the cocaine was found on the gun pouch after it was pulled from a state police vault last year.

A chemist with the FBI, prosecutors claimed, determined the residue was cocaine.

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"To be clear, investigators literally found drugs on the pouch where the defendant had kept his gun," prosecutors said.

The president's son had pleaded not guilty to federal gun charges in U.S. District Court for the District of Delaware in October, accusing him of lying about using drugs in October 2018 on a gun purchase form.

He has acknowledged struggling with a crack cocaine addiction during that period in 2018, but his attorneys claim he did not break the law. Hunter Biden has since said he has stopped using drugs and is working to turn his life around.

Hunter Biden was charged with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance. 

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According to the indictment, "on or about October 12, 2018, in the District of Delaware, the defendant, Robert Hunter Biden, in connection with the acquisition of a firearm, that is, a Colt Cobra 38SPL Revolver with serial number RA 551363…knowingly made a false and fictitious written statement, intended and likely to deceive that dealer with respect to a fact material to the lawfulness of the sale of the firearm…in that the defendant, Robert Hunter Biden, provided a written statement on Form 4473 certifying he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious." 

The indictment also states that "on or about October 12, 2018, through on or about October 23, 2018, in the District of Delaware, the defendant Robert Hunter Biden, knowing that he was an unlawful user of and addicted to any stimulant, narcotic drug, and any other controlled substance…did knowingly possess a firearm, that is, a Colt Cobra 38SPL revolver with serial number RA 551363, said firearm having been shipped and transported in interstate commerce." 

Fox News first reported in 2021 that police had responded to an incident in 2018, when a gun owned by Hunter Biden was thrown into a trash can outside a market in Delaware.

A source with knowledge of the Oct. 23, 2018, police report told Fox News that it indicated that Hallie Biden, who is the widow of President Biden's late son, Beau, and who was in a relationship with Hunter at the time, threw a gun owned by Hunter in a dumpster behind a market near a school.

A firearm transaction report reviewed by Fox News indicated that Hunter Biden purchased a gun earlier that month.

On the firearm transaction report, Hunter Biden answered in the negative when asked if he was "an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance."

Hunter Biden was discharged from the Navy in 2014 after testing positive for cocaine.

Fox News' Brooke Singman and The Associated Press contributed to this report.

Federal appeals court rejects Trump petition over Special Counsel Jack Smith access to Twitter feed

A federal appeals court has rejected former President Trump’s request to block Special Counsel Jack Smith from accessing his then-Twitter feed as part of his election interference case.

The U.S. Court of Appeals for Washington, D.C., ruled on the matter and denied further review. The decision comes after an appellate panel had rejected the original request.

Twitter, now "X," had initiated the appeals, seeking to block special counsel access to the records the company held.

Smith had noted he could have gotten the material from the National Archives, which gained the material after Trump left office, but that would have triggered notice to Trump, so a search warrant was requested through the company under seal and with a non-disclosure notice. That, in turn, prevented Trump from raising any executive privilege claims over the digital communications.

The four conservative judges on the appeals court dissented and would have granted en banc review.

Judge Rao (a Trump bench appointee) wrote a statement, saying the executive privilege claims should have been addressed.

"The absence of a presumptive privilege particularly threatens the Chief Executive when, as here, a third party holds presidential communications. See Mazars, 140 S. Ct. at 2035. And to be sure it aggrandizes the courts, which will have the power to determine whether executive privilege will be considered before its breach. Without a presumption for executive privilege, new questions will invariably arise, particularly because nothing in the panel’s opinion is limited to a former President. What if, in the course of a criminal investigation, a special counsel sought a warrant for the incumbent President’s communications from a private email or phone provider? Under this court’s decision, executive privilege isn’t even on the table, so long as the special counsel makes a showing that a warrant and nondisclosure order are necessary to the prosecution. And following the Special Counsel’s roadmap, what would prevent a state prosecutor from using a search warrant and nondisclosure order to obtain presidential communications from a third-party messaging application? And how might Congress benefit from this precedent when it seeks to subpoena presidential materials from third parties in an investigation or impeachment inquiry?"

"Upon consideration of appellant’s petition for rehearing en banc, the response thereto, the amicus curiae brief filed by Electronic Frontier Foundation in support of rehearing en banc, and the absence of a request by any member of the court for a vote, it is ordered that the petition be denied," the ruling states.

The former president and 2024 GOP presidential front-runner can now ask the Supreme Court to review the matter. 

Smith plans to use data from the cellphone that Trump used in his final weeks in office, including data revealing when Trump’s phone was "unlocked and the Twitter application was open" on Jan. 6, 2021.

Unsealed court filings in August showed that Smith's team obtained location data and draft tweets in addition to the former president's messages.

Attorneys for the company, now named X Corp., attempted to block and delay the effort in January and February, leading one federal judge to speculate that X owner and one-time CEO Elon Musk was attempting to ally himself with Trump.

The social media giant ultimately lost the struggle, however, and was forced to hand over an extensive list of data related to the "@realdonaldtrump" account, including all tweets "created, drafted, favorited/liked, or retweeted."

The handover also included searches on the platform surrounding the 2020 election, devices used to log into the account, IP addresses used to log into the account, and a list of associated accounts.

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

Justice Department sues Texas over law to let police arrest illegal immigrants

The Justice Department on Wednesday filed a lawsuit against Texas over a state law allowing authorities to arrest illegal immigrants, pitting Republican Gov. Greg Abbott against the Biden administration as both remain at odds over how to handle the escalating crisis at the southern border. 

The lawsuit, filed in an Austin federal court, came after Abbott signed into law last month a measure challenging the federal government's authority over immigration matters. In addition to Biden, several blue cities like New York and Chicago have pushed back against Abbott for having thousands of migrants bussed from his state to their jurisdictions. 

"The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens," the lawsuit states. "Texas cannot run its own immigration system. "Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations."

JOHNSON CALLS MIGRANT CRISIS ‘TRULY UNCONSCIONABLE’ DURING VISIT TO BESIEGED SOUTHERN BORDER

Texas is also fighting a separate court battle over the installation of razor wire on the Rio Grande and a floating barrier, which has angered Mexican leaders as well. 

Under the Texas law, migrants could either agree to a judge's order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Those who don't leave could face serious felony charges if arrested again.

Those ordered to leave would be sent to ports of entry along the border with Mexico, even if they are not Mexican citizens. The law can be enforced anywhere in Texas but some places are off-limits, including schools and churches.

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Fox News Digital has reached out to Abbott's office. 

Last week, the Justice Department sent Abbott a letter threatening legal action unless Texas reversed course. In response, Abbott posted on X that the Biden administration "not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration."

The governor has repeatedly accused the Biden administration of failing to address issues at the border amid record numbers of migrants crossing into the United States. The bussing program has angered Democrats in blue cities, who say their jurisdictions lack sufficient resources to care for migrants they've received. 

Illegal crossings along the southern U.S. border topped 10,000 on several days in December, a number that U.S. Customs and Border Patrol Commissioner Troy Miller called "unprecedented." U.S. authorities closed cargo rail crossings in Eagle Pass and El Paso for five days last month, calling it a response to many migrants riding freight trains through Mexico to the border.

The Associated Press contributed to this report. 

Supreme Court chief justice report urges caution on use of AI ahead of contentious election year

With a wary eye over the future of the federal courts, Supreme Court Chief Justice John Roberts warned Sunday of the perils of artificial intelligence (AI) when deciding cases and other important legal matters.

His remarks came in the annual year-end report issued by the head of the federal judiciary, which made no mention of current controversies surrounding his court, including calls for greater transparency and ethics reform binding the justices.

Noting the legal profession in general is "notoriously averse to change," Roberts urged a go-slow approach when embracing new technologies by the courts.

"AI obviously has great potential to dramatically increase access to key information for lawyers and non-lawyers alike," he said. "But just as obviously it risks invading privacy interests and dehumanizing the law."

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"But any use of AI requires caution and humility," he added. "As 2023 draws to a close with breathless predictions about the future of Artificial Intelligence, some may wonder whether judges are about to become obsolete. I am sure we are not— but equally confident that technological changes will continue to transform our work."

Roberts also summarized the work of the nation's 94 district courts, 13 circuit courts and his own Supreme Court. Previous year-end reports have focused on courthouse security, judges’ pay, rising caseloads and budgets. 

The chief justice's predictions of the future did not include his own court's caseload, as he and his colleagues are poised to tackle several politically-charged disputes in the new year, many focused on former president Donald Trump's legal troubles and re-election efforts.

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The Supreme Court has tackled its share of election fights over the decades — remember Bush v. Gore nearly a quarter century ago? — but 2024 promises to make that judicial drama look quaint by comparison. 

First up could be whether states can keep Trump's name off primary and general election ballots. Colorado's highest court said yes, and now the U.S. Supreme Court is being asked to decide the extent of a 14th Amendment provision that bans from office those who "engaged in insurrection."

State courts across the country are considering whether Trump's role in 2020 election interference and the Jan. 6 Capitol riots would disqualify him from seeking re-election.

The justices are being asked to decide the matter quickly, either by mid-February or early March, when the "Super Tuesday" primaries in 16 states are held.

In his leadership role as "first among equals," the 68-year-old Roberts will likely be the key player in framing what voting disputes his court will hear and ultimately decide, perhaps as the deciding vote. 

Despite a 6-3 conservative majority, the chief justice has often tried to play the middle, seeking a less-is-best approach that has frustrated his more right-leaning colleagues.

But despite any reluctance to stay away from the fray, the court, it seems, will be involved in election-related controversies. 

"Given the number of election disputes it might be coming, a lot of them could be moving very quickly and will be very important to see what the court does," said Brianne Gorod, chief counsel at the Constitutional Accountability Center. "Sometimes the Supreme Court has no choice but to be involved in the election cases, because there are some voting rights and election cases that the justices are required to resolve on the merits."

Already the high court is considering redistricting challenges to voting boundaries in GOP-leaning states, brought by civil rights groups.

That includes South Carolina's first congressional district and claims the Republican-led legislature created a racial gerrymander. A ruling is expected in spring 2024.

The high court could also be asked to weigh in on emergency appeals over vote-by-mail restrictions, provisional ballots deadlines, polling hours, the Electoral College and more. 

Just weeks before President Trump's first House impeachment in 2019, Roberts tried to downplay his court's consideration of partisan political disputes.

"When you live in a polarized political environment, people tend to see everything in those terms," Roberts said at the time. "That’s not how we at the court function and the results in our cases do not suggest otherwise."

But the court's reputation as a fair arbiter of the law and Constitution has continued to erode to all-time lows.

A Fox News poll in June found just 48% of those surveyed having confidence in the Supreme Court, down from 83% just six years ago.

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Donald Trump faces separate criminal prosecution in four jurisdictions in 2024 — two federal cases over document mishandling and 2020 election interference; and two state cases in Georgia over 2020 election interference and New York over hush money payments to a porn star.

The prospect of a former president and leading GOP candidate facing multiple criminal convictions — with or without the blessing of the United States Supreme Court — has the potential to dominate an already riven election campaign.

The former president has filed various motions in each case, seeking to drop charges, delay the proceedings, and be allowed to speak publicly at what he sees as politically-motivated prosecutions.

The Supreme Court recently refused to fast-track a separate appeal, over Trump's scheduled criminal trial scheduled to start the day before "Super Tuesday."

Special counsel Jack Smith is challenging Trump's claim of presidential immunity in the 2020 election interference case. The former president says the prosecutions amount to a "partisan witch hunt."

While the justices are staying out of the dispute for now, they could quickly jump back in later this winter, after a federal appeals court decides the merits in coming weeks.

But the justices will decide this term whether some January 6 Capitol riot defendants can challenge their convictions for "corruptly" obstructing "official proceedings." Oral arguments could be held in February or March.

More than 300 people are facing that same obstruction law over their alleged efforts to disrupt Congress' certification of Joe Biden's 2020 presidential election victory over Trump.

The former president faces the same obstruction count in his case, and what the high court decides could affect Trump's legal defense in the special counsel prosecution, and the timing of his trial.

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In the short term, the Supreme Court, with its solid conservative majority, will hear arguments and issue rulings in coming months on hot-button topics like:

Abortion, and access to mifepristone, a commonly-used drug to end pregnancies

– Executive power, and an effort to sharply curb the power of federal agencies to interpret and enforce "ambiguous" policies enacted by Congress

– Social media, and whether tech firms — either on their own or with the cooperation of the government — can moderate or prevent users from posting disinformation

Gun rights and a federal ban on firearm possession by those subject to domestic violence restraining orders

Off the bench, the court last month instituted a new "code of conduct" — ethics rules to clarify ways the justices can address conflicts of interest, case recusals, activities they can participate in outside the court and their finances.

It followed months of revelations that some justices, particularly Clarence Thomas, did not accurately report gifts and other financial benefits on their required financial disclosure reports.

The court in a statement admitted the absence of binding ethics rules led some to believe that the justices "regard themselves as unrestricted by any ethics rules."

"To dispel this misunderstanding, we are issuing this code, which largely represents a codification of principles that we have long regarded as governing our conduct."

All this reflects the delicate balancing act the chief justice will navigate in a presidential election year.

The unprecedented criticism of the high court's work — on and off the bench — is not lost on its nine members.

"There's a storm around us in the political world and the world at large in America," Justice Brett Kavanaugh said this fall. "We, as judges and the legal system, need to try to be a little more, I think, of the calm in the storm."

Some court watchers agree the court as an institution may struggle in the near term to preserve its legitimacy and public confidence, but time might be on its side.

"By its nature, the court kind of takes a long-term view of things," said Thomas Dupree, a former top Justice Department official, who has litigated cases before the Supreme Court. "Even when we disagree with the outcome in a particular case, I have never had any doubt that these are men and women who are doing their absolute best to faithfully apply the laws and the Constitution of the United States to reach the right result."

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

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

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

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

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

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

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

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

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

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

Fox News' Greg Wehner contributed to this report.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fox News' Jamie Joseph contributed to this report.