How James Comey’s indictment could go south for the DOJ

As former FBI Director James Comey stares down a two-count federal indictment alleging he made a false statement to Congress and obstructed justice, the Department of Justice faces an uphill climb in securing a conviction. 

Interim U.S. Attorney Lindsey Halligan of the Eastern District of Virginia is under pressure to move the prosecution forward against Comey’s formidable defense team, which has multiple ways to challenge the charges.

Halligan, a Trump ally and former insurance lawyer with no prosecutorial experience, is up against the possibility that Comey's lawyers will file requests to toss the case out. If Comey is unsuccessful and the case goes to trial, Halligan will then face a new hurdle: persuading a jury. Critics say President Donald Trump, Halligan and any others involved in the case could also see external repercussions for rushing to bring what they view as a flimsy, retributive indictment.

In terms of pre-trial efforts, several lawyers have speculated that Comey will argue to the court that his two charges should be dismissed on numerous grounds.

COMEY INDICTMENT SPARKS FIERCE POLITICAL REACTIONS NATIONWIDE

Former U.S. Attorney Barb McQuade of Michigan told Fox News Digital one possibility is that Comey could argue the prosecution was selective.

"To prevail on a selective prosecution claim, the defendant must show not only that the prosecution was motivated by an improper purpose, but also that other similarly situated individuals were treated differently," McQuade said.

She said it would be "remarkably easy to demonstrate the first factor," pointing to Trump’s extraordinary comments on social media openly saying he wanted Comey charged out of vengeance. Comey, one of Trump’s top political nemeses, led the FBI when it opened a controversial investigation into Trump over his 2016 campaign’s alleged collusion with Russia.

McQuade said, however, that the second factor would be difficult to prove — that others have not been prosecuted for false statements to Congress — since that "essentially requires a defendant to prove a negative."

COMEY DENIES CHARGES, DECLARES 'I AM NOT AFRAID'

Jim Trusty, a former DOJ prosecutor who once worked on Trump’s defense team, told Fox News the indictment is still in an early stage, the specific allegations remain unclear and that a "wait and see" approach was best. Trusty said, though, that critics who claim Trump is weaponizing the DOJ against his enemies are misguided.

"Lawfare was certainly used as a weapon to go after Trump, but it also protected people, and so you can also look at this as four years of love from the Biden administration kept Comey out of the crosshairs," Trusty said.

Trusty said Comey’s indictment could be perceived as a "tit for tat," or it could simply be "overdue."

McQuade said that at this early stage, she viewed Comey's acquittal as the "more likely" way the DOJ would fail, pointing to what she said was "convoluted" language in the indictment.

She said it seemed to rely on congressional testimony Comey gave in 2020, when Sen. Ted Cruz, R-Texas, referenced a question asked by Sen. Chuck Grassley, R-Iowa, in 2017 about whether Comey authorized a leak to the media. Cruz also slightly misquoted Grassley, she said.

JUSTICE DEPARTMENT SEEKS TO INDICT FORMER FBI DIRECTOR JAMES COMEY FOR ALLEGEDLY LYING TO CONGRESS

"Because the prosecution must show that Comey knowingly and willfully made a false statement, that messy record may be a fatal flaw," McQuade said.

Former U.S. Attorney John Fishwick of the Western District of Virginia told Fox News Digital that if the court permits Comey to access any records related to the DOJ’s "internal deliberations" about the case, those details could undermine the prosecution and bolster a defense that the case was tainted by political motivations.

"The biggest potential fallout for DOJ will be if the judge permits the Comey legal team to get under the hood of the internal deliberations of DOJ to prosecute or not prosecute Comey," Fishwick told Fox News Digital. "The Comey team wants to argue this prosecution is just about politics and revenge, but they will need as much evidence as possible to buttress this claim as DOJ will counter the grand jury indicted Comey, not DOJ."

Trump’s appointment of Halligan as U.S. attorney was a last-minute move, as the five-year statute of limitations on Comey’s testimony expired on Sept. 30. Trump ousted her predecessor, Erik Siebert, a 15-year veteran of the Virginia office, and brought in Halligan, a willing participant in Trump’s mission to take down his political rivals.

While Trump has suggested other indictments are coming down the pike, critics have zeroed in on Comey's case, calling it weak enough that Trump also risks impeachment over it and that Halligan and any other prosecutors who decide to join the case risk career penalties. No DOJ prosecutors have joined Halligan on the case at this stage.

Former DOJ official Harry Litman, host of "Talking Feds" and vocal Trump critic, said "some accountability" would come if Democrats take the House next year, advocating they impeach Trump for what he says is an abuse of power and obstruction of justice.

"If we can just get through the midterms and give the House of Representatives the power to subpoena all of these jokers on Capitol Hill, grill them and then impeach Trump again … all of the evidence of the crime that Donald Trump just committed will be laid out for public inspection," Litman said.

He also cited a report that career prosecutors advised Halligan against charging Comey, suggesting she faces the "possibility of serious professional sanctions" because of it.

How James Comey’s indictment could go south for the DOJ

As former FBI Director James Comey stares down a two-count federal indictment alleging he made a false statement to Congress and obstructed justice, the Department of Justice faces an uphill climb in securing a conviction. 

Interim U.S. Attorney Lindsey Halligan of the Eastern District of Virginia is under pressure to move the prosecution forward against Comey’s formidable defense team, which has multiple ways to challenge the charges.

Halligan, a Trump ally and former insurance lawyer with no prosecutorial experience, is up against the possibility that Comey's lawyers will file requests to toss the case out. If Comey is unsuccessful and the case goes to trial, Halligan will then face a new hurdle: persuading a jury. Critics say President Donald Trump, Halligan and any others involved in the case could also see external repercussions for rushing to bring what they view as a flimsy, retributive indictment.

In terms of pre-trial efforts, several lawyers have speculated that Comey will argue to the court that his two charges should be dismissed on numerous grounds.

COMEY INDICTMENT SPARKS FIERCE POLITICAL REACTIONS NATIONWIDE

Former U.S. Attorney Barb McQuade of Michigan told Fox News Digital one possibility is that Comey could argue the prosecution was selective.

"To prevail on a selective prosecution claim, the defendant must show not only that the prosecution was motivated by an improper purpose, but also that other similarly situated individuals were treated differently," McQuade said.

She said it would be "remarkably easy to demonstrate the first factor," pointing to Trump’s extraordinary comments on social media openly saying he wanted Comey charged out of vengeance. Comey, one of Trump’s top political nemeses, led the FBI when it opened a controversial investigation into Trump over his 2016 campaign’s alleged collusion with Russia.

McQuade said, however, that the second factor would be difficult to prove — that others have not been prosecuted for false statements to Congress — since that "essentially requires a defendant to prove a negative."

COMEY DENIES CHARGES, DECLARES 'I AM NOT AFRAID'

Jim Trusty, a former DOJ prosecutor who once worked on Trump’s defense team, told Fox News the indictment is still in an early stage, the specific allegations remain unclear and that a "wait and see" approach was best. Trusty said, though, that critics who claim Trump is weaponizing the DOJ against his enemies are misguided.

"Lawfare was certainly used as a weapon to go after Trump, but it also protected people, and so you can also look at this as four years of love from the Biden administration kept Comey out of the crosshairs," Trusty said.

Trusty said Comey’s indictment could be perceived as a "tit for tat," or it could simply be "overdue."

McQuade said that at this early stage, she viewed Comey's acquittal as the "more likely" way the DOJ would fail, pointing to what she said was "convoluted" language in the indictment.

She said it seemed to rely on congressional testimony Comey gave in 2020, when Sen. Ted Cruz, R-Texas, referenced a question asked by Sen. Chuck Grassley, R-Iowa, in 2017 about whether Comey authorized a leak to the media. Cruz also slightly misquoted Grassley, she said.

JUSTICE DEPARTMENT SEEKS TO INDICT FORMER FBI DIRECTOR JAMES COMEY FOR ALLEGEDLY LYING TO CONGRESS

"Because the prosecution must show that Comey knowingly and willfully made a false statement, that messy record may be a fatal flaw," McQuade said.

Former U.S. Attorney John Fishwick of the Western District of Virginia told Fox News Digital that if the court permits Comey to access any records related to the DOJ’s "internal deliberations" about the case, those details could undermine the prosecution and bolster a defense that the case was tainted by political motivations.

"The biggest potential fallout for DOJ will be if the judge permits the Comey legal team to get under the hood of the internal deliberations of DOJ to prosecute or not prosecute Comey," Fishwick told Fox News Digital. "The Comey team wants to argue this prosecution is just about politics and revenge, but they will need as much evidence as possible to buttress this claim as DOJ will counter the grand jury indicted Comey, not DOJ."

Trump’s appointment of Halligan as U.S. attorney was a last-minute move, as the five-year statute of limitations on Comey’s testimony expired on Sept. 30. Trump ousted her predecessor, Erik Siebert, a 15-year veteran of the Virginia office, and brought in Halligan, a willing participant in Trump’s mission to take down his political rivals.

While Trump has suggested other indictments are coming down the pike, critics have zeroed in on Comey's case, calling it weak enough that Trump also risks impeachment over it and that Halligan and any other prosecutors who decide to join the case risk career penalties. No DOJ prosecutors have joined Halligan on the case at this stage.

Former DOJ official Harry Litman, host of "Talking Feds" and vocal Trump critic, said "some accountability" would come if Democrats take the House next year, advocating they impeach Trump for what he says is an abuse of power and obstruction of justice.

"If we can just get through the midterms and give the House of Representatives the power to subpoena all of these jokers on Capitol Hill, grill them and then impeach Trump again … all of the evidence of the crime that Donald Trump just committed will be laid out for public inspection," Litman said.

He also cited a report that career prosecutors advised Halligan against charging Comey, suggesting she faces the "possibility of serious professional sanctions" because of it.

John Bolton blasted by Trump ally Roger Stone, who faced Biden FBI raid: ‘Karma is a b—-‘

Longtime Republican consultant Roger Stone lambasted Trump adviser-turned-staunch-critic John Bolton following the FBI raid on his Bethesda, Maryland residence on Friday.

"Good morning. John Bolton. How does it feel to have your home raided at 6 o'clock in the morning?" Stone riffed on X, six years after the Biden FBI raided his own Fort Lauderdale home in an operation to which CNN was reportedly tipped off to.

"Wait! Where was CNN?" added Stone, who has often criticized Republicans who become disloyal to President Donald Trump.

"What goes around comes around- and Roger Stone still ‘did nothing wrong,’" he said, quoting the catchphrase and shirts that were circulated after his 2019 raid.

JOHN BOLTON'S HOME AND OFFICE RAIDED BY FEDERAL AGENTS

Stone, who began his political career volunteering for 1964 presidential nominee Sen. Barry Goldwater, R-Ariz., before moving on to advising President Richard Nixon, also posted a photo of himself from his arrest wearing a "Roger Stone Did Nothing Wrong" shirt.

Stone continued his critique of Bolton later Friday morning with another X post that included a split photo of the two men:

"The man on the left had his home rated at 6 am because he did something wrong. The man on the right had his home raided at 6 am because he didn't. Karma is b----."

BIDEN DOJ DROPS LAWSUIT AGAINST JOHN BOLTON OVER 2020 BOOK RELEASE

He later released a mock statement claiming Bolton admitted his signature mustache was "appropriated from a member of the Village People."

Bolton, who held diplomatic posts under Presidents George H. W. and George W. Bush before joining President Donald Trump’s first administration, later broke with Trump over his handling of COVID-19, his approach to diplomacy, and the impeachment saga.

Trump often returned fire at Bolton after their messy breakup, and Stone occasionally chimed in to defend his longtime friend from New York.

After Bolton attacked Trump’s choice of Tulsi Gabbard for director of national intelligence, calling her a "serious threat to national security" – Stone returned fire.

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"Watching war pig John Bolton attack the appointment of Tulsi Gabbard as DNI makes me all the more certain that she is precisely the right person for the job," Stone said in November.

After the raid on Bolton’s home, FBI agents were also seen in DuPont Circle, D.C., removing boxes from the Baltimore native’s personal office.

New Schiff leak claim from whistleblower echoes years of similar accusations

Longtime Trump political foe Democrat Sen. Adam Schiff for years has been accused of leaking classified documents — long before the release of a "bombshell" whistleblower testimony claiming the California lawmaker approved leaking classified information in order to discredit the president during the Russiagate probe, Fox News Digital found. 

Schiff, who served in the U.S. House for more than two decades before securing his spot in the U.S. Senate in 2024, is facing heightened scrutiny following FBI Director Kash Patel declassifying claims from a Democrat whistleblower that Schiff approved the release of classified information on Trump that allegedly "would be used to indict President TRUMP," according to the report. 

The whistleblower, who reportedly had worked for Democrats on the House Intelligence Committee for more than 10 years, made the claims to the FBI in 2017. Schiff had access to classified information while serving on the House Intelligence Committee during his tenure in the lower chamber, including serving as its chair from 2019 to 2023. 

"In this meeting, SCHIFF stated the group would leak classified information which was derogatory to President of the United States DONALD J. TRUMP. SCHIFF stated the information would be used to indict President TRUMP," according to the whistleblower documents.

WHITE HOUSE REACTS TO DEM WHISTLEBLOWER’S ‘BOMBSHELL’ CLAIM SCHIFF LEAKED TO HIT TRUMP

The whistleblower "stated this would be illegal and, upon hearing his concerns, unnamed members of the meeting reassured that they would not be caught leaking classified information," the report added.

Schiff has denied the allegations, with his office telling Fox News Digital Aug. 12 that the allegations were "absolutely and categorically false."

But this isn't the first time Schiff has been accused of leaking classified information to the public, with accusations following him since at least the first Trump administration. Fox News Digital took a look back at Schiff's political history in recent years and gathered the times he previously had been accused of leaking classified materials. 

The August declassified whistleblower accusations are "just the latest in a series of defamatory attacks from the President and his allies meant to distract from their plummeting poll numbers and the Epstein files scandal," a Schiff spokesperson told Fox Digital when approached for comment on the allegations, after White House press secretary Karoline Leavitt called the whistleblower's account a "bombshell." 

TRUMP-FOE ADAM SCHIFF DISMISSES TULSI GABBARD'S DECLASSIFIED RUSSIA COLLUSION INTELLIGENCE AS 'DISHONEST'

"These baseless smears are based on allegations that were found to be not reliable, not credible, and unsubstantiated from a disgruntled former staffer who was fired by the House Intelligence Committee for cause in early 2017, including for harassment and potentially compromising activity on official travel for the Committee," the spokesperson continued. "Even Trump’s own Justice Department and an independent inspector general found this individual to not be credible, have ‘little support for their contentions’ and was of ‘unknown reliability,’ and concluded that his accusations against Members of Congress and congressional staff ‘were not ultimately substantiated.’" 

Just days after former President Joe Biden was sworn-in as president in January 2021, Trump's former acting director of national intelligence and U.S. ambassador from his first administration Ric Grenell took to X to list out "facts" regarding Schiff. 

"Facts," a Jan. 22, 2021, post on X that is no longer available on the social media site read. The X post received media attention and was preserved in reports at the time, such as the Washington Examiner. 

He listed off: "Schiff wouldn’t return my call to coordinate on DNI reforms. - the reforms were asked for by career officials for years. -Schiff complained when I appointed the 1st female head of counterterrorism (a career person). -Schiff & team regularly leaked classified information."

Grenell's message was in response to Schiff claiming in an interview with The Hill that Grennell and former Director of National Intelligence John Ratcliffe under the first Trump administration "bent intelligence work products to the president’s will."

TRUMP INVOKES RUSSIA COLLUSION HOAX WHILE CALLING FOR LONGTIME FOE SCHIFF TO FACE JAIL TIME

"The Office of the Director of National Intelligence, probably the most devastated of all of the agencies by terrible leadership of people like Rick Grenell and John Ratcliffe," Schiff said during a video interview at the time. 

Fast-forward to 2023, former Secretary of State and CIA Director Mike Pompeo, who served under the first Trump administration, also accused Schiff of leaking classified docs. 

"Adam Schiff lied to the American people, and during my time as CIA director and secretary of State, I know that he leaked classified information that had been provided to him," Pompeo said in January 2023 during a Fox News interview.

Pompeo continued that he "held back" sharing information with the House Intelligence Committee due to not feeling "comfortable" when Schiff led the panel. 

A representative for Pompeo told Fox Digital in August that the former Trump official stands by his 2023 comments on Schiff. 

Schiff's office slammed Pompeo's remarks at the time as "another patently false and defamatory statement." 

Trump had also accused Schiff of leaking classified documents under his first administration, claiming in 2018, he was the "one of the biggest liars and leakers in Washington."

"Adam leaves closed committee hearings to illegally leak confidential information. Must be stopped!" Trump continued wrote in one X thread at the time. 

Schiff shot back at the time that Trump's X post was a "false smear."

"Mr. President, I see you’ve had a busy morning of ‘Executive Time.’ Instead of tweeting false smears, the American people would appreciate it if you turned off the TV and helped solve the funding crisis, protected Dreamers or...really anything else," Schiff responded to Trump in February 2018

As Trump railed against the alleged leaks during his first term, reports spread that the Department of Justice subpoenaed Apple for account data of House Democrats on the House Intelligence Committee, including Schiff, between 2017 and 2018. The DOJ, which was led by Jeff Sessions at the time, was searching for individuals who leaked to the media about Trump's alleged ties to Russia. 

The investigation dragged, including after Bill Barr was tapped as Trump's attorney general in 2019 through the end of Trump's first term, the New York Times reported in 2021, citing sources familiar with the investigation. 

The Justice Department's internal watchdog, under the Biden administration, opened an investigation into the subpoenas and published a report in 2024 that found the Trump DOJ did not comply with established procedures when it sought the records.

"We are glad that the Department of Justice Inspector General conducted a thorough investigation, and that the Inspector General has recommended safeguards to further protect the media, and to safeguard the separation of powers," a spokesperson for Schiff said following the release of the report, according to Reuters in 2024. 

As the 2020 campaign heated up, Trump continued accusing Schiff and other House Democrats of leaking, with the Office of the Director of National Intelligence at the time scaling back its security briefings with Congress that year as high-profile Democrats promoted concerns that Russia was interfering in that election. 

"Director Ratcliffe brought information into the committee, and the information leaked," Trump said in August 2020. "Whether it was Shifty Schiff or somebody else, they leaked the information. … And what’s even worse, they leaked the wrong information. And he got tired of it. So he wants to do it in a different forum, because you have leakers on the committee."

Schiff denied leaking any classified intelligence in 2020, but said he could not confirm the same for other House Democrats.  

"I haven’t. My staff hasn’t. I can’t speak for what all the members of the committee have done or not done, including a lot of the Republican members," Schiff told CNN’s Dana Bash in 2020, following Trump claiming "Shifty Schiff" may have been behind another leak of intelligence given to the House Intelligence Committee at the time. 

The Trump administration continued its laser-focused hunt to identify and suss out internal federal government leakers during the second administration, with a White House official telling Axios in June, "We are declaring a war on leakers." 

The comment came in response to a leak of an internal assessment of the Trump administration's bombing a trio of Iranian nuclear facilities that claimed the strikes were not ads effective as the president said. 

Federal agencies such as the FBI, Department of Defense and Department of Homeland Security have leveraged using polygraph tests on staffers suspected of leaking information under the second Trump administration. 

Trump and Schiff have long been political foes. 

This was underscored during Trump's first administration when Schiff served as the lead House manager during the first impeachment trial against Trump in 2020. It also was highlighted when Schiff repeatedly promoted claims that Trump's 2016 campaign colluded with Russia

FEDERAL HOUSING OFFICIAL SUBMITTED SCHIFF CRIMINAL REFERRAL TO DOJ OVER MORTGAGE DOCUMENTS

Schiff landed in hot water earlier this spring, when the U.S. Federal Housing Finance Agency (FHFA) sent a letter to the Department of Justice in May sounding the alarm that in "multiple instances," Schiff allegedly "falsified bank documents and property records to acquire more favorable loan terms, impacting payments from 2003-2019 for a Potomac, Maryland-based property."

He is currently under criminal investigation for mortgage fraud, Fox Digital previously reported. The California Democrat has denied any wrongdoing, claiming the matter is a "baseless attempt at political retribution."

Days after Trump first posted about Schiff's mortgages in Maryland and California in July, the president's director of national intelligence, Tulsi Gabbard, declassified documents that reportedly show "overwhelming evidence" that then-President Barack Obama and his national security team allegedly laid the groundwork for what would be the yearslong Trump–Russia collusion probe after Trump's election win against former Secretary of State Hillary Clinton in 2016. 

"It lays out, these over 100 documents that you're referencing, that I declassified and released, spells out in great detail exactly what happens when you have some of the most powerful people in our country directly leading at the helm, President Obama and his senior-most national security cabinet, James Comey, John Brennan, James Clapper and Susan Rice and others, essentially making a very intentional decision to create this manufactured, politicized piece of intelligence with the objective of subverting the will of the American people," Gabbard told Fox News' Sean Hannity in July following the release. 

Schiff was an incredibly vocal lawmaker amid the Russian collusion claims, most notably when the House censured him in 2023 over his promotion that Trump's 2016 campaign colluded with Russia. Schiff served in the House representing California from 2001 to 2024, when he was sworn-in as a senator after his successful 2024 campaign to serve in the nation's upper chamber.

Schiff also served on the Jan. 6 select committee, which investigated the breach of the Capitol building in 2021 by Trump supporters following then-President Biden's election win. 

At the 11th hour of Biden's tenure on Jan. 20, Schiff was among lawmakers who served on the committee who were granted preemptive pardons. The subcommittee concluded Trump's actions played a key role in promoting the breach of the Capitol and recommended Trump be criminally prosecuted. 

TRUMP ACCUSES 'SCAM ARTIST' SCHIFF OF LYING ABOUT MARYLAND HOME TO COMMIT MORTGAGE FRAUD

Biden specifically granted preemptive pardons to "Members of Congress and staff who served on the Select Committee, and the U.S. Capitol and D.C. Metropolitan police officers who testified before the Select Committee."

Schiff, however, had publicly railed against the prospect of Biden doling out preemptive pardons, saying it would set a poor precedent. 

"First, those of us on the committee are very proud of the work we did. We were doing vital quintessential oversight of a violent attack on the Capitol," Schiff said during an interview on ABC News in December 2024. "So I think it’s unnecessary."

"But second, the precedent of giving blanket pardons, preemptive blanket pardons on the way out of an administration, I think is a precedent we don’t want to set," he added.

Charges stemming from the Jan. 6 case were dismissed following Trump's decisive win in the 2024 presidential election against then-Vice President Kamala Harris. 

The White House responded to the whistleblower's declassified testimony claiming Schiff approved the release of classified information to damage Trump, and doubled down on Trump's stance that Schiff be "held accountable for the countless lies he told the American people in relation to the Russiagate scandal."

"This is obviously a bombshell whistleblower report," Leavitt said at a Tuesday White House press briefing. "Hopefully more people in this room will cover it as such."

"I understand Kash Patel, last night, declassified a 302 FBI document showing that a whistleblower, who is a Democrat, a career intelligence officer who worked for Democrats on the House Intel Committee for more than a decade, repeatedly warned the FBI in 2017 that then-Rep. Adam Schiff had approved leaking classified information to smear then-President Donald Trump over the Russiagate scandal," Leavitt said. 

In August, a representative for Schiff confirmed a legal defense fund was established for the senator in response to Trump and his allies. 

"It’s clear that Donald Trump and his MAGA allies will continue weaponizing the justice process to attack Senator Schiff for holding this corrupt administration accountable," Marisol Samayoa, a spokesperson for Schiff, told Fox News Digital Tuesday evening of the legal fund. "This fund will ensure he can fight back against these baseless smears while continuing to do his job."

Titled "Senator Schiff Legal Defense Fund," the fund was filed with the Internal Revenue Service Thursday, The New York Times first reported. 

White House spokesman Harrison Fields called Schiff a "fraud" and "corrupt politician" when approached for comment Tuesday regarding the legal fund.  

"Adam Schiff is a sleazy and corrupt politician who betrayed his oath to the Constitution by prioritizing his selfish and personal animosity toward the President over the interests of the American people," Fields told Fox News Digital. "No amount of money can shield Adam from the truth that he is a fraud." 

Fox News Digital reached out to Schiff for additional comment on the matter but did not immediately receive a reply. 

Fox News Digital's Andrea Margolis contributed to this report.  

Schiff decries Bove’s confirmation as ‘corruption’ despite DOJ referral into his own mortgage dealings

Sen. Adam Schiff, D-Calif., blasted Republicans for confirming President Donald Trump’s former defense attorney Emil Bove as a federal judge Tuesday after the senator himself was referred to the Justice Department for criminal prosecution amid allegations of mortgage fraud. 

The Senate voted to confirm Bove to the U.S. Court of Appeals for the 3rd Circuit in a 50–49 vote Tuesday, amid a challenging confirmation process involving allegations from three whistleblowers who alleged Bove disregarded court orders surrounding Trump’s mass deportation agenda and misled lawmakers during his confirmation hearing. 

"Republicans just voted to confirm Emil Bove. Despite whistleblowers confirming he urged them to ignore court orders," Schiff said in a Tuesday X post. "Despite it being clear he lied to the Judiciary Committee. And despite the danger he poses to the rule of law. The corruption of the bench continues."

TRUMP PICK EMIL BOVE CONFIRMED AS FEDERAL JUDGE AFTER FURIOUS DEMOCRAT WALKOUT, WHISTLEBLOWER COMPLAINTS

No Democrats voted to back Bove. They were joined by Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine.

Meanwhile, Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, said Tuesday on the Senate floor he backed Bove and said that Bove had faced "unfair accusations and abuse."

After representing Trump in his criminal prosecutions, Bove joined Trump’s Justice Department to serve as the principal associate deputy attorney general.

Meanwhile, Schiff has come under scrutiny for his own alleged misconduct and was referred to the Justice Department for criminal prosecution stemming from a mortgage document controversy. 

The director of the U.S. Federal Housing Finance Agency (FHFA) wrote a letter to Attorney General Pam Bondi and Deputy Attorney General Todd Blanche in May, outlining Schiff’s alleged misconduct over his homes in both Maryland and California. 

TOP DOJ OFFICIAL FACES TEST IN SENATE OVER NOMINATION TO BECOME FEDERAL JUDGE

FHFA Director William Pulte wrote in the letter, obtained by Fox News Digital Monday, that Schiff "falsified bank documents and property records to acquire more favorable loan terms, impacting payments from 2003–2019 for a Potomac, Maryland-based property." 

It’s unclear whether the Justice Department has launched any actions against Schiff yet, and the Justice Department declined to provide comment to Fox News Digital. 

Schiff's office did not immediately respond to a request for comment from Fox News Digital. 

Meanwhile, Trump has railed against Schiff for years — and did so again in July, claiming he would love to see Schiff "brought to justice." 

"I have always suspected Shifty Adam Schiff was a scam artist," Trump posted to Truth Social on July 15. "And now I learn that Fannie Mae’s Financial Crimes Division have concluded that Adam Schiff has engaged in a sustained pattern of possible Mortgage Fraud."

KEY TRUMP NOMINEES STALLED BY SENATE DEMS PUT PRESSURE ON GOP LEADERS

In response, Schiff said that Trump’s claims amounted to a "baseless attempt at political retribution." 

"Since I led his first impeachment, Trump has repeatedly called for me to be arrested for treason," Schiff said in a July 15 X post. "So in a way, I guess this is a bit of a letdown. And this baseless attempt at political retribution won’t stop me from holding him accountable. Not by a long shot." 

Fox News’ Ashley Oliver, Danielle Wallace and Peter Doocey contributed to this report. 

How Trump’s ‘no shrinking violets’ DOJ is digging in on Schiff’s mortgage dealings as legal peril looms

The Department of Justice is likely digging into Sen. Adam Schiff's mortgage paperwork trail stretching back to a Maryland home purchase from the early 2000s as it weighs whether it has an airtight case to potentially prosecute the longtime political foe of President Donald Trump, according to a Cornell Law School professor.

"The one thing they don't want to do is to bring a case that fails," William Jacobson told Fox Digital in a Zoom interview, referring to the DOJ potentially investigating Schiff's alleged mortgage fraud. Jacobson is a clinical professor and the Director of the Securities Law Clinic at Cornell. 

"Either it fails legally, or it fails in court. They don't want to lose that case if you're going against a major political opponent. And that's part of the calculation that will take place."

Jacobson talked about the ins and outs of the Democratic California senator's potential legal woes following the U.S. Federal Housing Finance Agency sending a letter to the DOJ this year claiming that Schiff falsified banking and property documents by listing two homes – on two separate coasts – as his primary residence out of an effort to allegedly get more favorable loans. 

The DOJ has not yet said whether it would take up the case, but is likely digging into Schiff's paper trail as it weighs whether to move forward, Jacobson explained.  

TRUMP ACCUSES 'SCAM ARTIST' SCHIFF OF LYING ABOUT MARYLAND HOME TO COMMIT MORTGAGE FRAUD

"I would expect that the first thing the Department of Justice is going to do is to gather documents. There will be a paper trail here. There will be many things that are documentable, and not ‘he said, she said,’ as to where Adam Schiff was actually living," he said. 

As investigators go through the documents, they will ask questions such as: What was his actual primary residence? What did he sign? Who was present when he signed? Did he have conversations with people about it?

The law professor, who founded the popular conservative legal blog Legal Insurrection, said that there will likely be a "significant paper trail" to go through due to the case stretching back more than 20 years and due to companies keeping tight records following the 2008 financial crash. 

"Mortgage companies preserve all of these things because of the financial crisis and other things. They have to maintain these records. . . . And I would expect that that would be the first thing the Department of Justice would look at is the paper trail and the circumstantial evidence as to where Adam Schiff was, in fact, living," he continued, remarking that there are "no shrinking violets" at the Trump DOJ. 

Schiff first fell under scrutiny this year in May, when the U.S. Federal Housing Finance Agency (FHFA) sent a letter to the Department of Justice sounding the alarm that, in "multiple instances," Schiff allegedly "falsified bank documents and property records to acquire more favorable loan terms, impacting payments from 2003-2019 for a Potomac, Maryland-based property."

At the heart of the issue are two properties purchased by Schiff: a home purchased in 2003 in Potomac, Maryland, for $870,000 under a Fannie Mae-backed mortgage agreement for $610,000 at a rate of 5.625% over a term of 30 years, and a 2009 Burbank, Calif., condo. Schiff reaffirmed the Potomac property as his principal residence in mortgage refinancing paperwork in 2009, 2011, 2012, and 2013, according to the FHFA letter to the DOJ.

Over the same time frame, Schiff took a homeowner’s tax exemption on the Burbank condo while also claiming that home as his primary residence for a $7,000 reduction off of the 1% property tax, FHFA Director William Pulte wrote in the letter to the DOJ, citing media reports. 

In 2023, the letter continued, a spokesperson for Schiff asserted that "Adam’s primary residence is Burbank, California, and will remain so when he wins the Senate seat."

FHFA is an independent federal agency that oversees Fannie Mae, Freddie Mac and the Federal Home Loan Bank System. 

TRUMP INVOKES RUSSIA COLLUSION HOAX WHILE CALLING FOR LONGTIME FOE SCHIFF TO FACE JAIL TIME

In 2020, Schiff refinanced his mortgage, listing his Maryland home as his secondary residence.

Trump publicly slammed Schiff over his mortgages in July on Truth Social, accusing him of fraud and putting the issue back on the public's radar following 2023 news reports on Schiff's homes in Maryland and California. 

"I have always suspected Shifty Adam Schiff was a scam artist," Trump posted to Truth Social Tuesday. "And now I learn that Fannie Mae’s Financial Crimes Division have concluded that Adam Schiff has engaged in a sustained pattern of possible Mortgage Fraud." 

"Adam Schiff said that his primary residence was in MARYLAND to get a cheaper mortgage and rip off America, when he must LIVE in CALIFORNIA because he was a Congressman from CALIFORNIA. I always knew Adam Schiff was a Crook. The FRAUD began with the refinance of his Maryland property on February 6, 2009, and continued through multiple transactions until the Maryland property was correctly designated as a second home on October 13, 2020."

FOX NEWS POLITICS NEWSLETTER: SCHIFF FLAGGED FOR POTENTIAL MORTGAGE FRAUD BY TRUMP OFFICIAL 

Schiff has repeatedly denied and brushed off the accusations, including refusing to answer questions from Fox News Digital about his alleged mortgage fraud when confronted in the nation's capital on July 16. 

"Since I led his first impeachment, Trump has repeatedly called for me to be arrested for treason. So in a way, I guess this is a bit of a letdown. And this baseless attempt at political retribution won’t stop me from holding him accountable. Not by a long shot," he posted to X in July following Trump's initial Truth Social attack on Schiff's mortgages. 

"This is just Donald Trump’s latest attempt at political retaliation against his perceived enemies. So it is not a surprise, only how weak this false allegation turns out to be. And much as Trump may hope, this smear will not distract from his Epstein files problem," he added. 

Schiff's primary residence discrepancies first hit the public's radar in 2023, when Schiff launched an ultimately successful campaign to serve in the Senate after decades in the U.S. House. CNN published the first news article detailing that Schiff had claimed the Maryland home as a primary residence while also taking a homeowner’s tax exemption on the Burbank condo.

The campaign said at the time that Schiff's two properties were listed as primary residences "for loan purposes because they are both occupied throughout the year and to distinguish them from a vacation property."

Trump and Schiff have long been political foes, which was underscored during Trump's first administration when Schiff served as the lead House manager during the first impeachment trial against Trump in 2020, and when Schiff repeatedly promoted claims that Trump's 2016 campaign colluded with Russia

WATCH: ADAM SCHIFF SILENT AFTER TRUMP ACCUSED HIM OF MORTGAGE FRAUD

Days after Trump first posted about Schiff's mortgages in Maryland and California, the president's Director of National Intelligence, Tulsi Gabbard, declassified documents that reportedly show "overwhelming evidence" that then-President Barack Obama and his national security team laid the groundwork for what would be the yearslong Trump–Russia collusion probe after Trump's election win against former Secretary of State Hillary Clinton in 2016. 

Schiff was an incredibly vocal lawmaker amid the Russian collusion claims, most notably when the House censured him in 2023 over his promotion that Trump's 2016 campaign colluded with Russia. Schiff served in the House representing California from 2001 to 2024, when he was sworn-in as a senator after his successful 2024 campaign to serve in the nation's upper chamber.

Schiff served as the ranking member of the House intelligence committee from 2015 to 2019, before becoming the committee's chair from 2019 to 2023. In that role, he was kept up to date on classified materials surrounding the Russian collusion claims. 

Trump also recently invoked Gabbard's alleged revelations while attacking Schiff over his mortgages in another Truth Social post.

FEDERAL HOUSING OFFICIAL SUBMITTED SCHIFF CRIMINAL REFERRAL TO DOJ OVER MORTGAGE DOCUMENTS

Trump went on to ominously warn during a White House event last week that Schiff has "a lot of other things far worse than" his mortgage inquiry. 

"He defrauded banks and insurance companies and the federal government, but it's, very simple. It's mortgage loan fraud ... But he has a lot of other things far worse than that. So no Adam Schiff, they have him 100% on mortgage fraud," Trump said last Tuesday from the White House while hosting a meeting with Philippine President Ferdinand Marcos Jr.

Jacobson said that Democrats have boxed themselves out of attempting to claim that Trump is targeting a political foe over the mortgage criminal referral because the party had spent the last decade launching "lawfare" at Trump. 

"One of the ironies here that I think everybody understands, is that Democrats launched a lawfare campaign against Donald Trump. And it didn't just start once he took office this year. It's been going on for a decade," he said. 

"They have used every tool available to try to destroy him, including through criminal prosecutions, including through federal investigations. . . .  They've really tried to get him. And for them now to say, 'oh, just because we did that to you for 10 years doesn't give you the right to do it to us.' Legally, that's sound. I mean, you have to prove your case in court. But politically, I don't think that's going to fly. Democrats screaming that Donald Trump is weaponizing prosecutors against them is not going to really impress a lot of people."

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Jacobson speculated that there will likely be more woes for Schiff in the coming days, but that potential legal cases hinge on prosecutors. 

"We don't know where this is going ahead, of course, but it does appear that Adam Schiff is in the sights of Donald Trump. No surprise about that, because Donald Trump has been in the sights of Adam Schiff for a decade. So, I fully expect that there will be more here. The question is going to be really though, once it moves into the realm of prosecution, what are the prosecutors going to do?" 

The Department of Justice declined comment when approached about potentially investigating and taking up the Schiff case. Schiff's office did not respond to Fox Digital's request for comment.

Fox News Digital's Danielle Wallace and Peter Doocy contributed to this report. 

DNI Tulsi Gabbard declassified Trump-Russia docs: Here’s what they say

Director of National Intelligence Tulsi Gabbard declassified a slew of documents this month, revealing that Obama administration officials "manufactured" intelligence to push the Trump-Russia collusion narrative.

Here’s a look at the newly declassified records:

Documents revealed that in the months leading up to the November 2016 election, the intelligence community consistently assessed that Russia was "probably not trying … to influence the election by using cyber means."

One instance was on Dec. 7, 2016, weeks after the election. Then-Director of National Intelligence James Clapper’s talking points stated, "Foreign adversaries did not use cyberattacks on election infrastructure to alter the U.S. presidential election outcome."

Fox News Digital obtained a declassified copy of the Presidential Daily Brief, which was prepared by the Department of Homeland Security, with reporting from the CIA, Defense Intelligence Agency, FBI, National Security Agency, Department of Homeland Security, State Department and open sources, for Obama, dated Dec. 8, 2016.

"We assess that Russian and criminal actors did not impact recent U.S. election results by conducting malicious cyber activities against election infrastructure," the Presidential Daily Brief stated. "Russian Government-affiliated actors most likely compromised an Illinois voter registration database and unsuccessfully attempted the same in other states."

But the brief stated that it was "highly unlikely" the effort "would have resulted in altering any state’s official vote result."

"Criminal activity also failed to reach the scale and sophistication necessary to change election outcomes," it stated. 

The brief noted that the Office of the Director of National Intelligence assessed that any Russian activities "probably were intended to cause psychological effects, such as undermining the credibility of the election process and candidates."

The brief stated that cyber criminals "tried to steal data and to interrupt election processes by targeting election infrastructure, but these actions did not achieve a notable disruptive effect."

Fox News Digital obtained declassified, but redacted, communications from the FBI in the Presidential Daily Brief, stating that it "should not go forward until the FBI" had shared its "concerns."

Those communications revealed that the FBI drafted a "dissent" to the original Presidential Daily Brief. 

OBAMA ADMIN 'MANUFACTURED' INTELLIGENCE TO CREATE 2016 RUSSIAN ELECTION INTERFERENCE NARRATIVE, DOCUMENTS SHOW

The communications revealed that the brief was expected to be published Dec. 9, 2016, the following day, but later communications revealed the Office of the Director of National Intelligence, "based on some new guidance," decided to "push back publication" of the Presidential Daily Brief. 

"It will not run tomorrow and is not likely to run until next week," wrote the deputy director of the Presidential Daily Brief at the Office of the Director of National Intelligence, whose name is redacted. 

The following day, Dec. 9, 2016, a meeting convened in the White House Situation Room, with the subject line starting: "Summary of Conclusions for PC Meeting on a Sensitive Topic (REDACTED.)"

The meeting included top officials in the National Security Council, Clapper, then-CIA Director John Brennan, then-National Security Advisor Susan Rice, then-Secretary of State John Kerry, then-Attorney General Loretta Lynch, then-Deputy FBI Director Andrew McCabe, among others, to discuss Russia.

The declassified meeting record, obtained by Fox News Digital, revealed that principals "agreed to recommend sanctioning of certain members of the Russian military intelligence and foreign intelligence chains of command responsible for cyber operations as a response to cyber activity that attempted to influence or interfere with U.S. elections, if such activity meets the requirements" from an executive order that demanded the blocking of property belonging to people engaged in cyber activities.

After the meeting, according to the Office of the Director of National Intelligence, Clapper’s executive assistant emailed intelligence community leaders tasking them to create a new intelligence community assessment "per the president’s request" that detailed the "tools Moscow used and actions it took to influence the 2016 election."

"ODNI will lead this effort with participation from CIA, FBI, NSA, and DHS," the record states.

Later, Obama officials "leaked false statements to media outlets" claiming that "Russia has attempted through cyber means to interfere in, if not actively influence, the outcome of an election."

By Jan. 6, 2017, a new Intelligence Community Assessment was released that, according to the Office of the Director of National Intelligence, "directly contradicted the IC assessments that were made throughout the previous six months." 

Intelligence officials told Fox News Digital that the ICA was "politicized" because it "suppressed intelligence from before and after the election showing Russia lacked intent and capability to hack the 2016 election." 

Officials also said it deceived the American public "by claiming the IC made no assessment on the ‘impact’ of Russian activities," when the intelligence community "did, in fact, assess for impact." 

"The unpublished December PDB stated clearly that Russia ‘did not impact’ the election through cyber hacks on the election," an official told Fox News Digital.

FBI LAUNCHES CRIMINAL INVESTIGATIONS OF JOHN BRENNAN, JAMES COMEY: DOJ SOURCES

The official also said the ICA had assessed that "Russia was responsible for leaking data from the DNC and DCCC," while "failing to mention that FBI and NSA previously expressed low confidence in this attribution." 

Officials said the intelligence was "politicized" and then "used as the basis for countless smears seeking to delegitimize President Trump’s victory, the years-long Mueller investigation, two Congressional impeachments, high level officials being investigated, arrested, and thrown in jail, heightened US-Russia tensions, and more."

A report prepared by the House Permanent Select Committee on Intelligence in 2020 said the intelligence community did not have any direct information that Russian President Vladimir Putin wanted to help elect Donald Trump during the 2016 presidential election, but, at the "unusual" direction of then-President Barack Obama, published "potentially biased" or "implausible" intelligence suggesting otherwise.

The report, based on an investigation launched by former House Intelligence Committee Chairman Devin Nunes, R-Calif., was dated Sept. 18, 2020. At the time of the publication of the report, Rep. Adam Schiff, D-Calif., was the chairman of the committee.

The report has never before been released to the public and instead has remained highly classified within the intelligence community.

Fox News Digital obtained the "fully-sourced limited-access investigation report that was drafted and stored in a limited-access vault at CIA Headquarters." The report includes some redactions.

BRENNAN DIRECTED PUBLICATION OF 'IMPLAUSIBLE' REPORTS CLAIMING PUTIN PREFERRED TRUMP IN 2016, HOUSE FOUND

The committee focused on the creation of the Intelligence Community Assessment of 2017, in which then-CIA Director John Brennan pushed for the inclusion of the now-discredited anti-Trump dossier despite knowing it was based largely on "internet rumor," as Fox News Digital previously reported.

According to the report, the ICA was a "high-profile product ordered by the President, directed by senior IC agency heads, and created by just five CIA analysts, using one principal drafter."

"Production of the ICA was subject to unusual directives from the President and senior political appointees, and particularly DCIA," the report states. "The draft was not properly coordinated within CIA or the IC, ensuring it would be published without significant challenges to its conclusions."

The committee found that the five CIA analysts and drafter "rushed" the ICA’s production "in order to publish two weeks before President-elect Trump was sworn-in."

"Hurried coordination and limited access to the draft reduced opportunities for the IC to discover misquoting of sources and other tradecraft concerns," the report states.

The report states that Brennan "ordered the post-election publication of 15 reports containing previously collected but unpublished intelligence, three of which were substandard — containing information that was unclear, of uncertain origin, potentially biased, or implausible — and those became foundational sources for the ICA judgements that Putin preferred Trump over Clinton."

"The ICA misrepresented these reports as reliable, without mentioning their significant underlying flaws," the committee found.

"One scant, unclear, and unverifiable fragment of a sentence from one of the substandard reports constitutes the only classified information cited to suggest Putin ‘aspired’ to help Trump win," the report states, adding that the ICA "ignored or selectively quoted reliable intelligence reports that challenged — and in some cases undermined — judgments that Putin sought to elect Trump."

The report also states that the ICA "failed to consider plausible alternative explanations of Putin’s intentions indicated by reliable intelligence and observed Russian actions."

The committee also found that two senior CIA officers warned Brennan that "we don’t have direct information that Putin wanted to get Trump elected."

Despite those warnings, the Obama administration moved to publish the ICA.

The ICA "did not cite any report where Putin directly indicated helping Trump win was the objective."

The ICA, according to the report, excluded "significant intelligence" and "ignored or selectively quoted" reliable intelligence in an effort to push the Russia narrative.

The report also includes intelligence from a longtime Putin confidant who explained to investigators that "Putin told him he did not care who won the election," and that Putin "had often outlined the weaknesses of both major candidates."

The report also states that the ICA omitted context showing that the claim that Putin preferred Trump was "implausible —if not ridiculous."

The committee also found that the ICA suppressed intelligence that showed that Russia was actually planning for a Hillary Clinton victory because "they knew where (she) stood" and believed Russia "could work with her."

The committee also noted that the ICA "did not address why Putin chose not to leak more discrediting material on Clinton, even as polls tightened in the final weeks of the election."

The committee also found that the ICA suppressed intelligence showing that Putin was "not only demonstrating a clear lack of concern for Trump’s election fate," but also indicated "that he preferred to see Secretary Clinton elected, knowing she would be a more vulnerable President."

One section of the declassified House Intelligence Committee report states that the material in Putin’s possession included Russian intelligence on Democratic National Committee information allegedly showing that senior Democratic leaders found Clinton’s health to be "extraordinarily alarming." 

"As of September 2016, the Russian Foreign Intelligence Service had DNC information that President Obama and Party leaders found the state of Secretary Clinton’s health to be ‘extraordinarily alarming,’ and felt it could have ‘serious negative impact’ on her election prospects," the report states. "Her health information was being kept in ‘strictest secrecy’ and even close advisors were not being fully informed." 

The Russian Foreign Intelligence Service also allegedly had DNC communications that showed that "Clinton was suffering from ‘intensified psycho-emotional problems, including uncontrolled fits of anger, aggression, and cheerfulness.'" 

"Clinton was placed on a daily regimen of ‘heavy tranquilizers’ and while afraid of losing, she remained ‘obsessed with a thirst for power,’" the report states.

The Russians also allegedly had information that Clinton "suffered from ‘Type 2 diabetes, Ischemic heart disease, deep vein thrombosis, and chronic obstructive pulmonary disease.’"

HILLARY CLINTON AIDE DISMISSES TULSI GABBARD'S CLAIMS AS 'RIDICULOUS'

The Russians also allegedly possessed a "campaign email discussing a plan approved by Secretary Clinton to link Putin and Russian hackers to candidate Trump in order to ‘distract the American public’ from the Clinton email server scandal." 

Gabbard, during the White House press briefing Wednesday, said there were "high-level DNC emails that detailed evidence of Hillary's, quote, psycho-emotional problems, uncontrolled fits of anger, aggression and cheerfulness, and that then-Secretary Clinton was allegedly on a daily regimen of heavy tranquilizers." 

A tranquilizer is a drug used to reduce mental disturbance, such as anxiety and tension. Tranquilizers are typically prescribed to individuals suffering from anxiety, sleep disturbances and related conditions affecting their mental and physical health. 

A Clinton aide dismissed the claims as "ridiculous." 

Neither Clinton nor Obama responded to Fox News Digital's requests for comment. 

Hunter Biden special counsel got ‘one resume’ from DOJ to help prosecute president’s son

FIRST ON FOX: Former special counsel David Weiss got little support from the Department of Justice (DOJ) when he sought lawyers to help prosecute President Joe Biden’s son Hunter, Weiss told Congress during a recent closed-door interview.

Amid delicate plea deal negotiations between Hunter Biden and Weiss in 2023, Weiss said he asked the DOJ deputy attorney general’s office for a team of trial lawyers and received a single resume, according to a transcript of the interview reviewed by Fox News Digital.

"Actually, as I think about the sequencing, I had started to reach out myself directly to offices or people that I knew and make my own inquiries," Weiss told House Judiciary Committee staff of his struggle to hire lawyers for the sensitive job of trying the president's son.

Weiss appeared on Capitol Hill for the interview in June as part of the committee’s inquiry into the DOJ’s years-long investigation and prosecution of Hunter Biden.

SPECIAL COUNSEL WEISS BLASTS BIDEN IN FINAL HUNTER PROSECUTION REPORT

Now no longer a DOJ employee, Weiss spoke candidly for hours with the committee, shedding new light on his interactions with the Biden DOJ and giving fresh insight into why Hunter Biden was never charged with certain violations.

Weiss was appointed U.S. attorney of Delaware during the first Trump administration and began investigating Hunter Biden at that time. Former Attorney General Merrick Garland made Weiss special counsel in August 2023 after a plea agreement with Hunter Biden fell apart.

Republicans had accused Weiss of offering Hunter Biden a "sweetheart" plea deal that involved only misdemeanors. But in an unusual move, a judge rejected the deal, leading Weiss to instead bring two successful indictments against the then-first son, one for illegal gun possession and another for nine tax charges, including three felonies.

Weiss came under enormous scrutiny by Republicans and Democrats for his handling of the investigation, which had become a hyper-political national news story centered on the salacious behavior and wrongdoings of Hunter Biden, a recovering drug and alcohol addict, and allegations that Joe Biden was complicit in his son’s crimes.

Republicans claimed Weiss was not tough enough on Hunter Biden, while Democrats said he was being treated more harshly than a typical defendant because he was the president’s son. Joe Biden ultimately granted an unconditional pardon to his son, a move widely criticized by members of both parties.

Weiss said during the interview that he was "fortunate enough to obtain a couple very excellent prosecutors," a reference to the two DOJ attorneys who handled trial preparations for Hunter Biden.

But, Weiss also indicated that when he first requested lawyers in the spring of 2023, he had to be self-sufficient in finding them and that the deputy attorney general's office was unhelpful. Weiss noted he did not deal directly with former Deputy Attorney General Lisa Monaco at all and assumed she was recused from Hunter Biden's cases.

Weiss said that at one point he ran into the director of the Executive Office for United States Attorneys, which handles recruitment, at an event and asked if any hiring progress had been made.

Weiss did not "have a whole lot of success" during that conversation, he said.

"What do you mean, you didn’t have success? … They didn’t give you lawyers?" a committee aide asked.

"I got one resume," Weiss replied.

The aide asked, "Nobody wanted to come prosecute Hunter Biden?"

"I don’t want to say that because I don’t know that they weren’t trying to find people," Weiss said. "All I know was I didn’t get a whole lot of resumes."

HUNTER BIDEN: A LOOK AT HOW THE SAGA SPANNING OVER SIX YEARS UNFOLDED

Weiss eventually gained two attorneys, Leo Wise and Derek Hines, who went on to secure a conviction by a jury in Delaware after a week-long trial on gun possession charges and a guilty plea to all nine of Hunter Biden's tax charges.

A committee aide pressed Weiss on why he felt there was "such a drought" of help at DOJ headquarters.

"As I said a moment ago … I did not receive a lot of resumes in response to my initial request," Weiss said, noting that eventually the DOJ's Public Integrity Section assisted him.

Asked if the Public Integrity Section helped him because Weiss proactively reached out, Weiss replied, "Probably."

For his testimony, the Trump DOJ gave Weiss permission in a letter to talk to Congress about Hunter Biden’s cases. The department noted, however, that it could not authorize Weiss to talk about the former first son’s confidential tax information.

Weiss suggested, though, that he would have charged Hunter Biden for the 2014 and 2015 tax years if he could have.

FLASHBACK: DEMOCRATS CLASH WITH REPUBLICANS OVER PROSPECT OF CALLING HUNTER BIDEN IN IMPEACHMENT TRIAL

"To the extent I can put together — and this is general — a case that involves more years than not and allows me to more fully develop allegations about a course of conduct and a scheme, that's better for the prosecution," Weiss said. "So it's not like I'm looking to cut out years generally when you're pursuing a tax investigation."

During the years in question, Hunter Biden was raking in $1 million per year as a board member of the Ukrainian energy company Burisma while his father, then vice president, was overseeing foreign policy with Ukraine. The scenario became ripe for questions about conflicts of interest, in part because of suspicious interactions between Hunter Biden and the Obama State Department.

In Weiss’s final special counsel report, he dodged explaining why he brought charges of failure to pay taxes and tax evasion against Hunter Biden only for the tax years after 2015, citing Joe Biden’s pardon. Now, Weiss said, he would be more willing to talk about it if he were legally allowed to do so.

Chairman Jim Jordan, R-Ohio, pressed Weiss, saying the "political aspects of Burisma" raised "glaring" questions about the prosecutorial decisions made for the years for which Hunter Biden avoided charges.

"I understand," Weiss replied. "Absolutely. Yes. And I wish that I could address it. But it's my understanding that, for me to trip into 2014 and '15 is a violation of [U.S. code]."

Weiss also told the committee his team had no serious discussions about charging Hunter Biden under a foreign lobby law called the Foreign Agents Registration Act.

"We just couldn't put together a sufficient case," Weiss said.

Timeline of ‘scam artist’ Adam Schiff’s mortgage fraud allegations stretching back years

Longtime President Donald Trump political foe Democrat California Sen. Adam Schiff was referred to the Department of Justice to face criminal prosecution over alleged mortgage fraud that reportedly stretches back years. 

Schiff, who was elected to the Senate in the 2024 election cycle following decades as a House lawmaker, is under scrutiny after the U.S. Federal Housing Finance Agency (FHFA) sent a letter to the Department of Justice in May sounding the alarm that in "multiple instances," Schiff allegedly "falsified bank documents and property records to acquire more favorable loan terms, impacting payments from 2003-2019 for a Potomac, Maryland-based property."

FHFA is an independent federal agency that oversees Fannie Mae, Freddie Mac and the Federal Home Loan Bank System. 

This week, Trump publicly lambasted Schiff over the alleged mortgage fraud, while Fannie Mae's financial crimes investigations concluded Monday in a letter to the FHFA that Schiff allegedly engaged in "a sustained pattern of possible occupancy misrepresentation" on five Fannie Mae loans, Fox News Digital previously reported this week. 

WATCH: ADAM SCHIFF SILENT AFTER TRUMP ACCUSED HIM OF MORTGAGE FRAUD

"I have always suspected Shifty Adam Schiff was a scam artist," Trump posted to Truth Social Tuesday. "And now I learn that Fannie Mae’s Financial Crimes Division have concluded that Adam Schiff has engaged in a sustained pattern of possible Mortgage Fraud." 

"Adam Schiff said that his primary residence was in MARYLAND to get a cheaper mortgage and rip off America, when he must LIVE in CALIFORNIA because he was a Congressman from CALIFORNIA. I always knew Adam Schiff was a Crook. The FRAUD began with the refinance of his Maryland property on February 6, 2009, and continued through multiple transactions until the Maryland property was correctly designated as a second home on October 13, 2020."

Potomac, Maryland, is a suburb of Washington, D.C., located just more than 10 miles away from the nation's capital across the Maryland border. 

FEDERAL HOUSING OFFICIAL SUBMITTED SCHIFF CRIMINAL REFERRAL TO DOJ OVER MORTGAGE DOCUMENTS

Trump and Schiff have long been political foes, which was underscored during Trump's first administration when Schiff served as the lead House manager during the first impeachment trial against Trump in 2020 and when Schiff repeatedly promoted claims that Trump's 2016 campaign colluded with Russia

Fox News Digital took a look back at the timeline of Schiff's Maryland home, and when the public was first made aware in 2023 of allegations that Schiff claimed a more than 3,000-square-foot home in the suburbs of Washington as his primary residence, while taking a homeowner’s tax exemption on a small condo in his home state of California. 

TRUMP ACCUSES 'SCAM ARTIST' SCHIFF OF LYING ABOUT MARYLAND HOME TO COMMIT MORTGAGE FRAUD

LETITIA JAMES REAPS WHAT SHE SOWS AFTER LEVELING 'LAUGHABLE' CASE AT TRUMP: EXPERT

The investigation into Schiff's mortgages and homes follows a similar mortgage investigation earlier in 2025 focused on New York Attorney General Letitia James, who is also a longtime political Trump foe. The FHFA sent a criminal referral to the Department of Justice in April arguing the attorney general appeared to have falsified mortgage records to obtain more favorable loans.

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At the heart of that case is a Norfolk, Virginia, home James purchased in 2023, which she identified on mortgage documents and a Fannie Mae/Freddie Mac form as a property that would serve as her primary residence, according to the FHFA letter from April. James is legally required to live in New York as a statewide elected official in the Empire State. 

Fox News Digital reached out to Schiff's office for additional comment on the matter, but did not immediately receive a reply. 

Fox News Digital's Danielle Wallace and Michael Dorgan contributed to this report. 

Federal housing official submitted Schiff criminal referral to DOJ over mortgage documents

Sen. Adam Schiff, D-Calif., has been referred to the Department of Justice for criminal prosecution regarding mortgage documents. 

The director of the U.S. Federal Housing Finance Agency (FHFA) sent a letter to Attorney General Pam Bondi and Deputy Attorney General Todd Blanche in May citing alleged misconduct by Schiff, who owns homes in California and Maryland. 

"Based on media reports, Mr. Adam B. Schiff has, in multiple instances, falsified bank documents and property records to acquire more favorable loan terms, impacting payments from 2003-2019 for a Potomac, Maryland-based property," FHFA Director William Pulte wrote in the letter, which Fox News obtained on Wednesday. "As regulator of Fannie Mae, Freddie Mac, and the Federal Home Loan Banks, we take very seriously allegations of mortgage fraud or other criminal activity. Such misconduct jeopardizes the safety and soundness of FHFA’s regulated entities and the security and stability of the U.S. mortgage market." 

On Monday, Pulte received a memo from the Fannie Mae financial crimes investigations concluding that Schiff allegedly engaged in "a sustained pattern of possible occupancy misrepresentation" on five Fannie Mae loans, Fox News has learned. 

SCHIFF RESPONDS TO TRUMP ACCUSATIONS, CALLS FOR HIS REMOVAL FROM OFFICE

It is unclear if the Justice Department is pursing action against Schiff at this time, but earlier this week, President Donald Trump did demand his longtime foe be brought to justice for the alleged mortgage fraud scheme. 

Fox News Digital reached out to the Justice Department for more information, but they did not immediately respond.

Schiff and his wife purchased a home in Potomac, Maryland, in 2003 for $870,000, according to the letter. They entered into a Fannie Mae-backed mortgage agreement for $610,000 at a rate of 5.625% over a term of 30 years, asserting the property would be their primary and principal residence. 

The letter said they reaffirmed that the Maryland home was their primary residence in mortgage refinancing filings in 2009, 2011, 2012 and 2013, despite Schiff being an elected official representing the state of California at the same time. 

Fox News obtained a copy of the 2011 affidavit showing Schiff signed certifying that the Maryland house is his primary residence. 

Pulte said Schiff and his wife did not list the Maryland home as their secondary residence until 2020. 

Over the same time frame, Schiff took a homeowner’s tax exemption on a condo that he owns in Burbank, California, also claiming that home as his primary residence for a $7,000 reduction off of the 1% property tax, Pulte wrote, citing media reports. 

In 2023, the letter notes, a spokesperson for Schiff asserted that "Adam’s primary residence is Burbank, California, and will remain so when he wins the Senate seat."

"Primary residence mortgages receive more favorable loan terms, including lower interest rates, than secondary residence mortgages," the letter said. "Lenders view secondary residence mortgages as significantly riskier, as a borrower is more likely to continue paying off a primary residence mortgage during any financial hardship. Interest rates on secondary residence mortgages are typically between 0.25-0.50% higher than their primary residence counterparts; however, this gap can widen depending on the lender." 

TRUMP ACCUSES 'SCAM ARTIST' SCHIFF OF LYING ABOUT MARYLAND HOME TO COMMIT MORTGAGE FRAUD

The federal housing official wrote that he believes Schiff's alleged misconduct could be violations of federal criminal codes banning wire fraud, mail fraud, bank fraud and false statements to financial institutions. 

Schiff "appears to have falsified records in order to receive favorable loan terms, and also appears to have been aware of the financial benefits of a primary residence mortgage when compared to a secondary residence mortgage," Pulte wrote. 

According to the letter, a spokesperson for Schiff in 2023 told CNN that, "Adam’s California and Maryland addresses have been listed as primary residences for loan purposes because they are both occupied throughout the year and to distinguish them from a vacation property." 

Last year, the letter notes, a federal jury convicted Marilyn Mosby of making false statements on a mortgage application for a Florida condominium when she was the Baltimore City state’s attorney. 

The letter also cited how a St. Louis man pleaded guilty last month to fraudulently obtaining home mortgages "after the hard work of our agency’s IG and the DOJ." 

"There are unfortunately too many examples of individuals who commit fraud or mortgage fraud," Pulte wrote. "As always, we look forward to cooperating with the Department of Justice to support any actions that the Department of Justice finds appropriate. U.S. Federal Housing FHFA appreciates the Department of Justice’s support in ensuring the protection of American homebuyers and taxpayers from mortgage fraud and other financial misconduct."

Trump took to social media on Tuesday demanding Schiff be held accountable. 

"I have always suspected Shifty Adam Schiff was a scam artist. And now I learn that Fannie Mae’s Financial Crimes Division have concluded that Adam Schiff has engaged in a sustained pattern of possible Mortgage Fraud," Trump wrote in part on TRUTH Social. "Mortgage Fraud is very serious, and CROOKED Adam Schiff (now a Senator) needs to be brought to justice." 

Schiff, a congressman until his 2024 election to the upper chamber, spearheaded the House Intelligence Committee impeachment inquiry into Trump for requesting that Ukraine investigate Joe Biden, whose son Hunter held a lucrative gig at a Ukrainian natural gas company during his vice presidency. Schiff also issued multiple subpoenas and held multiple hearings alleging Trump "colluded" with Russia. 

Schiff released a video statement Tuesday reacting to the mortgage fraud claims, saying Trump has long threatened to prosecute him. 

"He's accused me of treason, he's also accused me of leaking classified information, he's accused me of fraud, it's been basically one thing after another, all baseless, all without merit," Schiff said. "It's nothing new – but his attacks on the rule of law are more dangerous than ever."