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.

CLICK HERE TO GET THE FOX NEWS APP

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."

Here are Biden’s most controversial pardons, with most signed using AutoPen

The Justice Department is reviewing the list of people that were granted pardons by former President Joe Biden, amid new concerns about his use of an AutoPen to automatically sign documents, as well as concerns about his state of mind and mental acuity in his final months in office. 

TRUMP DOJ INVESTIGATING BIDEN-ERA PARDONS AMID CONCERNS OVER STATE OF MIND

Biden used his final weeks as commander-in-chief to grant clemency and pardon more than 1,500 individuals, in what his White House described as the largest single-day act of clemency by a U.S. president. 

But critics blasted Biden for some of the pardons and preemptive pardons for members of his family, inner circle, and some allies, amid concerns that the Trump administration would investigate and attempt to punish their actions. 

WHAT IS AN AUTOPEN? THE SIGNING DEVICE AT THE HEART OF TRUMP'S ATTACKS ON BIDEN PARDONS

Biden signed the pardon for his son, Hunter Biden, by hand. But the others appear to have been signed by AutoPen. 

Here is a list of the former president’s most controversial pardons: 

Former President Biden pardoned his son Hunter Biden in December 2024—after vowing to the American people for months that he would not do so. 

Hunter Biden was found guilty of three felony firearm offenses stemming from Special Counsel David Weiss’ investigation. The first son was also charged with federal tax crimes regarding the failure to pay at least $1.4 million in taxes. Before his trial, Hunter Biden entered a surprise guilty plea. 

Biden, in December, announced a blanket pardon that applies to any offenses against the U.S. that Hunter Biden "has committed or may have committed" from Jan. 1, 2014, to Dec. 1, 2024. 

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

"From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted," Biden said. "There has been an effort to break Hunter — who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they’ve tried to break me — and there’s no reason to believe it will stop here. Enough is enough."

Biden added, "I hope Americans will understand why a father and a president would come to this decision." 

Just a day before leaving office on Jan. 20, 2025, Biden signed an Executive Grant of Clemency for his brother James Biden and his wife Sarah Jones Biden; his sister Valerie Biden Owens and her husband John T. Owens; and his brother Francis W. Biden. 

The "full and unconditional" preemptive pardon for his family members covered "any nonviolent offenses against the United States which they may have committed or taken part in during the period from Jan. 1, 2014, through the date of this pardon," which was signed on Jan. 19, 2025. 

The pardon appears to have been signed with AutoPen. 

Members of the Biden family had fallen at the center of the congressional investigation into their business dealings. 

The House of Representatives launched an impeachment inquiry against Biden, finding that Biden committed "impeachable conduct" during his time as vice president and "defrauded the United States to enrich his family." 

PRESIDENT BIDEN PARDONS HIS SIBLINGS JUST MINUTES BEFORE LEAVING OFFICE

During the inquiry, congressional investigators heard testimony from James Biden, who ultimately was referred to the Justice Department for prosecution for making false statements to Congress about "key aspects" of the impeachment inquiry. 

The House of Representatives found that the Biden family and its associates received more than $27 million from foreign individuals or entities since 2014.

They also alleged that the Biden family leveraged Biden’s position as vice president to obtain more than $8 million in loans from Democrat benefactors. The loans "have not been repaid and the paperwork supporting many of the loans does not exist and has not been produced to the committees."

The Republicans said the alleged conspiracy took place while Biden was serving as vice president.

Biden, on Jan. 19, 2025, pardoned Milley, after an administration marred by the disastrous Afghanistan withdrawal. 

Milley, the former chairman of the Joint Chiefs of Staff, has admitted the withdrawal where 13 U.S. troops lost their lives was a "strategic failure."  

BIDEN COMMITTED ‘IMPEACHABLE CONDUCT,’ ‘DEFRAUDED UNITED STATES TO ENRICH HIS FAMILY’: HOUSE GOP REPORT

"My family and I are deeply grateful for the President’s action today," Milley said in a statement, accepting the pardon. "After forty-three years of faithful service in uniform to our Nation, protecting and defending the Constitution, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights." 

The pardon appears to have been signed with AutoPen. 

Biden, also on Jan. 19, 2025, pardoned former Director of the National Institute of Allergy and Infectious Diseases Dr. Anthony Fauci. Fauci also served as Biden’s chief medical advisor and oversaw the U.S. public health response and research on the COVID-19 virus and vaccine development. 

Fauci accepted the pardon in a statement shortly after Biden announced the move, claiming he was subject to "politically motivated threats of investigation and prosecution."

DR. FAUCI SAYS HE APPRECIATES PRESIDENT BIDEN'S PARDON BUT INSISTS 'NO CRIME' WAS COMMITTED

"Let me be perfectly clear: I have committed no crime and there are no possible grounds for any allegation or threat of criminal investigation or prosecution of me. The fact is, however, that the mere articulation of these baseless threats, and the potential that they will be acted upon, create immeasurable and intolerable distress for me and my family. For these reasons, I acknowledge and appreciate the action that President Biden has taken today on my behalf," Fauci said. 

Fauci’s pardon also appears to have been signed with AutoPen. 

Biden, also on Jan. 19, 2025, used AutoPen to sign a pardon for members of Congress who served on the House Select Committee to investigate the January 6th Attack on the United States Capitol. 

BIDEN PARDONS MARK MILLEY, ANTHONY FAUCI, J6 COMMITTEE MEMBERS

The pardon also covered committee staff and the police officers from the D.C. Metropolitan Police Department and the U.S. Capitol Police who testified before the committee. 

Judge awards $6.6M to whistleblowers who were fired after reporting Texas AG Ken Paxton to FBI

A district court judge awarded $6.6 million combined to four whistleblowers who sued Texas Attorney General Ken Paxton on claims he fired them in retaliation for reporting him to the FBI.

Blake Brickman, David Maxwell, Mark Penley and Ryan Vassar notified Paxton and his office on Oct. 1, 2020, that they had reported him to the FBI for allegedly abusing his office. The four were all fired by mid-November.

Travis County Judge Catherine Mauzy ruled Friday that by a "preponderance of the evidence," the whistleblowers proved liability, damages and attorney's fees in their complaint against the attorney general's office.

The judgment says the former aides made their reports to federal law enforcement "in good faith" and that Paxton's office did not dispute any claims or damages in the lawsuit.

FBI FLOODED WITH RECORD NUMBER OF NEW AGENT APPLICATIONS IN KASH PATEL'S FIRST MONTH LEADING BUREAU

"Because the Office of the Attorney General violated the Texas Whistleblower Act by firing and otherwise retaliating against the plaintiff for in good faith reporting violations of law by Ken Paxton and OAG, the court hereby renders judgment for plaintiffs," Mauzy wrote in her judgment.

The court found that the four former aides of the attorney general were fired in retaliation for reporting allegations that he was using his office to accept bribes from Austin real estate developer and political donor Nate Paul, who employed a woman with whom Paxton was having an extramarital affair.

Paxton has denied allegations that he accepted bribes or misused his office to help Paul.

"It should shock all Texans that their chief law enforcement officer, Ken Paxton, admitted to violating the law, but that is exactly what happened in this case," Tom Nesbitt, an attorney representing Brickman, and TJ Turner, an attorney representing Maxwell, said in a joint statement.

Paxton said in a statement that the judge's ruling is "ridiculous" and "not based on the facts or the law." He said his office plans to appeal the ruling.

The attorney general was probed by federal authorities after eight employees reported his office to the FBI in 2020 for bribery allegations. He agreed to settle the lawsuit for $3.3 million that would be paid by the legislature, but the state House rejected his request and conducted its own investigation.

Paxton was impeached in the House in 2023 before he was later acquitted in the Senate.

TEXAS AG PAXTON ACQUITTED ON ALL IMPEACHMENT CHARGES: 'THE TRUTH PREVAILED'

In November, the state Supreme Court overturned a lower-court ruling that would have required Paxton to testify in the lawsuit.

The U.S. Justice Department declined to pursue its investigation into Paxton in the final weeks of the Biden administration, according to The Associated Press.

The Associated Press contributed to this report.

Trump DOJ hammers judge’s ‘digressive micromanagement,’ seeks more time to answer 5 questions

The Justice Department accused a federal judge of "digressive micromanagement" on Wednesday in relation to a case involving deportation flights that sent Venezuelan nationals to El Salvador over the weekend.

U.S. District Judge James Boasberg ordered the Justice Department to submit answers to five questions after it insisted Tuesday that the flights did not violate a court order. Boasberg granted an emergency order Saturday to temporarily block the flights from taking place for 14 days while his court considered the legality of using the 1798 wartime-era Alien Enemies Act to immediately deport Venezuelan nationals and alleged members of the violent gang Tren de Aragua. 

"The Court has now spent more time trying to ferret out information about the Government’s flight schedules and relations with foreign countries than it did in investigating the facts before certifying the class action in this case," read a filing Wednesday that was co-signed by Attorney General Pamela Bondi, Deputy Attorney General Todd Blanche and others. "That observation reflects how upside-down this case has become, as digressive micromanagement has outweighed consideration of the case’s legal issues." 

"The distraction of the specific facts surrounding the movements of an airplane has derailed this case long enough and should end until the Circuit Court has had a chance to weigh in. The Government respects this Court and has complied with its request to present the Government’s position on the legality of the Court’s [Temporary Restraining Order] and the Government’s compliance with that TRO," they wrote. 

DOJ INSISTS EL SALVADOR DEPORTATION FLIGHTS DID NOT VIOLATE COURT ORDER

Boasberg ordered the Justice Department on Tuesday to answer five questions, submitting declarations to him under seal by noon on Wednesday: "1) What time did the plane take off from U.S. soil and from where? 2) What time did it leave U.S. airspace? 3) What time did it land in which foreign country (including if it made more than one stop)? 4) What time were individuals subject solely to the Proclamation transferred out of U.S. custody? and 5) How many people were aboard solely on the basis of the Proclamation?" 

However, the Justice Department said in their filing today that "Defendants are currently evaluating whether to invoke the state secrets privilege as to portions of the information sought by this Court’s order." 

"Whether and how to invoke that privilege involves both weighty considerations and specific procedures that are not amenable to the 21-hour turnaround period currently provided by this Court’s order," it continued. 

"The underlying premise of these orders, including the most recent one requiring the production of these facts ex parte today at noon, is that the Judicial Branch is superior to the Executive Branch, particularly on non-legal matters involving foreign affairs and national security. The Government disagrees. The two branches are coequal, and the Court’s continued intrusions into the prerogatives of the Executive Branch, especially on a non-legal and factually irrelevant matter, should end," the Justice Department added.

It also said "disclosure of the information sought could implicate the affairs of United States allies and their cooperation with the United States Government in fighting terrorist organizations" and "such disclosure would unquestionably create serious repercussions for the Executive Branch’s ability to conduct foreign affairs." 

IMPEACHMENT ARTICLES HIT JUDGE WHO ORDERED TRUMP TO STOP DEPORTATION FLIGHTS

"What began as a dispute between litigants over the President’s authority to protect the national security and manage the foreign relations of the United States pursuant to both a longstanding Congressional authorization and the President’s core constitutional authorities has devolved into a picayune dispute over the micromanagement of immaterial factfinding," the Justice Department declared. 

Boasberg responded to the Justice Department Wednesday by giving it another day to answer his five questions "or to invoke the state-secrets doctrine and explain the basis for such invocation," according to court filings.

"Mere hours before their filing deadline and characterizing the Court’s proceedings as ‘a picayune dispute over the micromanagement of immaterial factfinding,’ Defendants seek to stay the Court’s Order requiring them to produce in camera particular information," Boasberg wrote. "Although their grounds for such request at first blush are not persuasive, the Court will extend the deadline for one more day."

"The Court seeks this information, not as a ‘micromanaged and unnecessary judicial fishing expedition,’ but to determine if the Government deliberately flouted its Orders issued on March 15, 2025, and, if so, what the consequences should be," Boasberg added.

TRUMP CALLS FOR JUDGE IN DEPORTATION LEGAL BATTLE TO BE IMPEACHED

In granting the emergency order Saturday, Boasberg sided with the plaintiffs – Democracy Forward and the ACLU – who had argued that the deportations would likely pose imminent and "irreparable" harm to the migrants under the time proposed.  

Boasberg also ordered the Trump administration on Saturday to immediately halt any planned deportations and to notify their clients that "any plane containing these folks that is going to take off or is in the air needs to be returned to the United States," he said. 

However, the decision apparently came too late to stop two planes filled with more than 200 migrants who were deported to El Salvador.

White House press secretary Karoline Leavitt told Fox News in an interview that a plane carrying hundreds of migrants, including more than 130 persons removed under the Alien Enemies Act, had already "left U.S. airspace" by the time the order was handed down. 

Fox News' Breanne Deppisch and David Spunt contributed to this report.

Comer requests Trump DOJ prosecute James Biden for making ‘false statements’ during impeachment inquiry

EXCLUSIVE: House Oversight Committee Chair James Comer is requesting President-elect Trump’s Justice Department investigate and prosecute President Biden’s brother, James Biden, for allegedly making false statements to Congress, Fox News Digital has learned. 

Fox News Digital exclusively obtained a letter that Comer, R-Ky., sent to Trump’s nominee for attorney general, Pam Bondi, encouraging the DOJ to "hold James Biden accountable for lying to Congress to protect his brother, the soon-to-be-former President Biden." 

House Republicans in June sent criminal referrals for James Biden and Hunter Biden to the Justice Department recommending they be charged with making false statements to Congress about "key aspects" of the impeachment inquiry of President Biden. 

HOUSE REPUBLICANS REFER HUNTER BIDEN, JAMES BIDEN FOR CRIMINAL PROSECUTION AMID IMPEACHMENT INQUIRY

Specifically, Comer at the time said the alleged false statements implicated President Biden’s "knowledge and role in his family’s influence-peddling schemes" and that they appeared "to be a calculated effort to shield Joe Biden from the impeachment inquiry." 

Comer, along with House Judiciary Committee Chair Jim Jordan, R-Ohio, and Ways & Means Committee Chair Jason Smith, R-Mo., led the impeachment inquiry into President Biden and found that he engaged in "impeachable conduct," "abused his office" and "defrauded the United States to enrich his family." 

FLASHBACK: HUNTER BIDEN BUSINESS ASSOCIATE'S TEXT MESSAGES INDICATE MEETING WITH JOE BIDEN

Comer, in his letter to Bondi this week, pointed to Biden’s "full and unconditional pardon" for his son, Hunter Biden. 

"President Biden’s latest scheme to cover his family’s grift cements his legacy as leading the most corrupt political family to attain the presidency in American history," Comer wrote to Bondi. "But it also appears incomplete. President Biden has displayed to the American people that his son is beyond accountability in a court of law for his crimes." 

FLASHBACK: HUNTER BIDEN IN 2017 SENT 'BEST WISHES' FROM 'ENTIRE BIDEN FAMILY' TO CHINA FIRM CHAIRMAN, REQUESTED $10M WIRE

But Comer said he wanted to "remind incoming Department of Justice leadership of Hunter Biden’s main accomplice in his influence peddling schemes (aside from Joe Biden himself), whom the House Committees on Oversight, the Judiciary, and Ways and Means previously identified to Attorney General Merrick Garland as having misled Congress regarding Joe Biden’s participation in his family’s influence peddling and deserving of prosecution under federal law: James Biden, the President’s younger brother." 

Comer reminded Bondi that he and House Republicans referred James Biden to the Justice Department for criminal prosecution, saying the president’s brother "made materially false statements to the Oversight and Judiciary Committees." 

BIDEN COMMITTED ‘IMPEACHABLE CONDUCT,’ ‘DEFRAUDED UNITED STATES TO ENRICH HIS FAMILY’: HOUSE GOP REPORT

"The nature of both his and Hunter Biden’s false statements is not lost on the Committees: every instance implicates Joe Biden’s knowledge of and role in his family’s influence peddling," Comer wrote. "James Biden’s denial of Joe Biden’s meeting with James Biden, Hunter Biden, and Hunter Biden’s business associate for a Chinese transaction, Tony Bobulinski — despite evidence being placed in front of him and being given multiple opportunities to amend his response — appears to be a clumsy attempt to protect Joe Biden from the reality that Joe Biden has indeed met with his family’s business associates." 

JOE BIDEN RECEIVED $40K IN 'LAUNDERED CHINA MONEY' FROM BROTHER IN 2017, COMER SAYS

Comer and House Republicans in June said James Biden "stated unequivocally during his transcribed interview that Joe Biden did not meet with Mr. Tony Bobulinski, a business associate of James and Hunter Biden, in 2017 while pursuing a deal with a Chinese entity, CEFC China Energy."

"Specifically, James Biden stated he did not attend a meeting with Joe Biden, Hunter Biden, and Tony Bobulinski on May 2, 2017 at the Beverly Hilton Hotel," Comer, Jordan and Smith said in their criminal referral to Attorney General Merrick Garland last year. "These statements were contradicted not only by Mr. Bobulinski, but Hunter Biden."

They also noted that Bobulinski "produced text messages that establish the events leading up to and immediately following his meeting with Joe Biden on May 2, 2017." 

In his letter to Bondi, Comer blasted President Biden, claiming he obstructed the committee’s impeachment inquiry and that in itself was "impeachable conduct." 

SPECIAL COUNSEL WEISS BLASTS BIDEN IN FINAL HUNTER PROSECUTION REPORT

"The legacy President Biden leaves behind is having led the most dishonest and corrupt administration in American history," Comer wrote. 

Biden, last month, made the decision to grant his son a "Full and Unconditional Pardon" covering nearly 11 years of conduct, including conduct related to both convictions Special Counsel David Weiss obtained.

Hunter Biden was found guilty of three felony firearm offenses stemming from Weiss’ investigation. The first son was also charged with federal tax crimes regarding the failure to pay at least $1.4 million in taxes. Before his trial, Hunter Biden entered a surprise guilty plea. 

Weiss released his highly anticipated report on his yearslong investigation into Hunter Biden last week and blasted Biden for having "unfairly" maligned Justice Department public servants and casting doubt on the U.S. justice system with "wrong" claims that his probe was political. 

"President Biden repeatedly told—or used White House personnel to tell—the American people he would not pardon his son. That was a lie," Comer wrote to Bondi. "President Biden continues to lie, now falsely claiming ‘[n]o reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son – and that is wrong.’" 

Comer added, "Though President Biden’s saccharine (and wholly ironic) rantings of political persecution and weaponized prosecution of Hunter Biden are specious, they are inapplicable to the non-prosecution of his brother, James Biden, who has lied to the United States Congress and has faced no accountability to date." 

"I write to encourage the Department under your leadership to hold James Biden accountable for lying to Congress to protect his brother, the soon-to-be-former President Biden," Comer continued. "No one should be above the law, regardless of his last name." 

‘Highly qualified’: Former state AGs urge Senate to confirm Bondi to lead Justice Department


FIRST ON FOX: A group of more than 60 former Democratic and Republican attorneys general sent a new letter to Senate leaders Thursday urging the confirmation of Pam Bondi to head up the Department of Justice, praising what they described as Bondi’s wealth of prosecutorial experience— including during her eight years as Florida’s top prosecutor—that they said makes her especially qualified for the role. 

The letter was previewed exclusively to Fox News Digital and includes the signatures of more than 20 Democratic attorneys general or attorneys general appointed by Democratic governors. 

The group praised Bondi’s work across the party and state lines during her time as Florida’s attorney general and as a state prosecutor in Hillsborough County, where she worked for 18 years. 

"Many of us have worked directly with Attorney General Bondi and have firsthand knowledge of her fitness for the office," the former attorneys general said in the letter. "We believe that her wealth of prosecutorial experience and commitment to public service make General Bondi a highly qualified nominee for Attorney General of the United States." 

MORE THAN 100 FORMER JUSTICE DEPT OFFICIALS URGE SENATE TO CONFIRM PAM BONDI AS AG

The letter praised what signatories described as Bondi’s "unwavering" commitment to public safety and the rule of law in her time in the Sunshine State, where she sought to crack down on violent crime, protect consumers and combat the opioid crisis— which was at its height when she was elected as attorney general in 2010.

Bondi "was and remains a valued and respected member of the State Attorney General community," they wrote. "Thus, we are confident that she will serve with distinction as United States Attorney General."

The letter comes just hours after the Senate Judiciary Committee announced the official dates for Bondi's confirmation hearing later this month.

TRUMP'S AG PICK HAS ‘HISTORY OF CONSENSUS BUILDING’

Bondi is expected to be confirmed in the Republican-majority chamber. Earlier this week, a group of more than 100 former Justice Department officials sent a letter to the Senate Judiciary Committee urging her confirmation.

Still, the new letter of support from the state attorneys general comes just hours after the top Democrat on the Senate Judiciary Committee, Sen. Dick Durbin, D-Ill., issued a statement Wednesday evening expressing fresh reservations about Bondi following their meeting — citing in particular Bondi’s work defending President-elect Donald Trump in his impeachment proceedings and following the 2020 election.

"The role of the Attorney General is to oversee an independent Justice Department that upholds the rule of law and is free of undue political influence," Durbin said in a statement. 

"Given Ms. Bondi’s responses to my questions, I remain concerned about her ability to serve as an Attorney General who will put her oath to the Constitution ahead of her fealty to Donald Trump." 

FBI informant who made up Biden bribe story gets 6 years in prison

A former FBI informant who prosecutors say fabricated a phony story of President Biden and his son Hunter Biden accepting $10 million in bribes from the Ukrainian gas company Burisma was sentenced Wednesday to six years in federal prison. 

Alexander Smirnov, a dual U.S.-Israeli citizen, has been behind bars since he was arrested last February on charges of making false statements to the FBI. 

The indictment came in connection with special counsel David Weiss’ investigation into Hunter Biden. Weiss later indicted Hunter on tax and gun-related charges, but President Biden granted him a sweeping pardon in December before his son was to be sentenced. 

The Justice Department tacked on additional tax charges against Smirnov in November, alleging he concealed millions of dollars of income he earned between 2020 and 2022, and Smirnov pleaded guilty in December to sidestep his looming trial.  

BIDEN CLAIMS HE 'MEANT WHAT I SAID' WITH PROMISE NOT TO PARDON HUNTER, HOPES IT DOESN'T SET PRECEDENT

Smirnov was accused of falsely telling his FBI handler that executives from the Ukrainian energy company Burisma had paid then-Vice President Biden and his son $5 million each around 2015. Smirnov's explosive claim in 2020 came after he expressed "bias" about Joe Biden as a presidential candidate, according to prosecutors. The indictment says investigators found Smirnov had only routine business dealings with Burisma starting in 2017 — after Biden's term as vice president.

Prosecutors noted that Smirnov's claim "set off a firestorm in Congress" when it resurfaced years later as part of the House impeachment inquiry into President Biden. The Biden administration dismissed the House impeachment effort as a "stunt."

SPECIAL COUNSEL WEISS TELLS LAWMAKERS POLITICS 'PLAYED NO PART' IN HUNTER BIDEN PROBE

Before Smirnov’s arrest, Republicans had demanded the FBI release the unredacted form documenting the unverified allegations, though they acknowledged they couldn’t confirm if they were true.

"In committing his crimes he betrayed the United States, a country that showed him nothing but generosity, including conferring on him the greatest honor it can bestow, citizenship," Weiss' team wrote in court papers. "He repaid the trust the United States placed in him to be a law-abiding naturalized citizen and, more specifically, that one of its premier law enforcement agencies placed in him to tell the truth as a confidential human source, by attempting to interfere in a Presidential election."

Prosecutors agreed to pursue no more than six years against Smirnov as part of his plea deal. In court papers, the Justice Department described Smirnov as a "liar and a tax cheat" who "betrayed the United States," adding that his bogus corruption claims against the Biden family were "among the most serious kinds of election interference one can imagine." 

In seeking a lighter sentence, Smirnov's lawyers wrote that both Hunter Biden and President-elect Trump, who was charged in two since-dropped federal cases by Special Counsel Jack Smith, "have walked free and clear of any meaningful punishment."

His lawyers had asked for a four-year prison term, arguing that their client "has learned a very grave lesson," had no prior criminal record and was suffering from severe glaucoma in both eyes. Smirnov's sentencing Wednesday in Los Angeles federal court concluded the final aspects of Weiss’s probe, and the special counsel is expected to submit a report to Attorney General Merrick Garland in accordance with federal regulations. Garland can decide whether to release it to the public. 

Smirnov will get credit for the time he has served behind bars since February. 

The Associated Press contributed to this report.

More than 100 former Justice Dept officials urge Senate to confirm Pam Bondi as AG

FIRST ON FOX — Dozens of former Justice Department (DOJ) officials sent a letter to the Senate Judiciary Committee Monday urging confirmation of President-elect Donald Trump’s pick for attorney general, Pam Bondi, later this month— praising both her commitment to the rule of law and her track record as Florida’s former attorney general that they said makes her uniquely qualified for the role.

The letter, previewed exclusively to Fox News Digital, was signed by more than 110 senior Justice Department officials who served under both Democratic and Republican administrations, including former U.S. attorneys general John Ashcroft, Jeff Sessions, Bill Barr and Edwin Meese. 

Former acting Attorney General Matthew Whitaker, deputy attorneys general Rod Rosenstein and Jeffrey Rosen, and Randy Grossman, who served as the U.S. attorney for the Southern District of California under the Biden administration, are among the other notable signatories. 

The DOJ alumni expressed their "strong and enthusiastic support" for Bondi, Florida’s former attorney general, who also spent 18 years as a prosecutor in the Hillsborough County State Attorney’s office.

"It is all too rare for senior Justice Department officials—much less Attorneys General—to have such a wealth of experience in the day-to-day work of keeping our communities safe," they wrote.

TRUMP'S AG PICK HAS ‘HISTORY OF CONSENSUS BUILDING’

"As a career prosecutor, Attorney General Bondi will be ready from the first day on the job to fight on behalf of the American people to reduce crime, tackle the opioid crisis, back the women and men in blue, and restore credibility to the Department of Justice," they wrote in the letter sent to Sens. Chuck Grassley, R-Iowa, and Dick Durbin, D-Ill.

The letter praised Bondi's work as Florida's attorney general, where she led an aggressive crackdown on opioid drugs and the many "pill mills" operating in the state when she took office. They also praised what they described as Bondi's "national reputation" for her work to end human trafficking, and prosecuting violent crime in the state.

Officials also emphasized Bondi's other achievements in Florida, where she secured consumer protection victories and economic relief on behalf of residents in the Sunshine State. After the 2008 financial crisis, her work leading the National Mortgage Settlement resulted in $56 billion in compensation to victims, the letter said — and in the wake of the Deepwater Horizon Oil Spill, Bondi's lawsuit against BP and other companies responsible resulted in a $2 billion settlement in economic relief.

The letter also stressed Bondi's commitment to the rule of law, and what the former officials touted as her track record of working across the aisle during the more than two decades she spent as a prosecutor. 

'UNLIKELY COALITION': A CRIMINAL JUSTICE REFORM ADVOCATE SEES OPPORTUNITIES IN A SECOND TRUMP TERM

"Some of us have worked directly with Attorney General Bondi during her time in office and can personally attest to her integrity and devotion to the rule of law," they wrote. "Many more of us know and admire her well-earned reputation from her long and accomplished career in government service in Florida, her litigation and advocacy on the national stage, and her demonstrated courage as a lawyer."

"As former DOJ officials, we know firsthand the challenges she will face as Attorney General, and we also know she is up to the job."

Those close to Bondi have praised her long record as a prosecutor, and her staunch loyalty to the president-elect, alongside whom she has worked since 2020—first, helping to represent him in his first impeachment trial, and, more recently, in her post as co-chair of the Center for Law and Justice at the America First Policy Institute (AFPI) a think tank set up by former Trump staffers.

She also served in Trump's first presidential term as a member of his Opioid and Drug Abuse Commission.

Bondi's former colleagues have told Fox News Digital they expect her to bring the same playbook she used in Florida to Washington—this time with an eye to cracking down on drug trafficking, illicit fentanyl use, and the cartels responsible for smuggling the drugs across the border. 

"We firmly believe the Justice Department and the Nation will benefit from Attorney General Bondi’s leadership," the DOJ officials  said in conclusion, adding: "We urge you in the strongest manner possible to confirm her as the next Attorney General of the United States."