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.  

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. 

Obama admin ‘manufactured’ intelligence to create 2016 Russian election interference narrative, documents show

EXCLUSIVE: The Obama administration "manufactured and politicized intelligence" to create the narrative that Russia was attempting to influence the 2016 presidential election, despite information from the intelligence community stating otherwise, Fox News Digital has learned. 

Director of National Intelligence Tulsi Gabbard Friday declassified documents revealing "overwhelming evidence" that demonstrates how, after President Donald Trump won the 2016 election against Hillary Clinton, then-President Barack Obama and his national security team laid the groundwork for what would be the yearslong Trump–Russia collusion probe.

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

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 US 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."

EX-OBAMA INTEL BOSS WANTED ANTI-TRUMP DOSSIER INCLUDED IN 'ATYPICAL' 2016 ASSESSMENT DESPITE PUSHBACK

"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 on 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. 

The communications revealed that the brief was expected to be published Dec. 9, 2016, the following day, but later communications revealed that 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 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.)"

WHITE HOUSE WANTS OBAMA INTEL OFFICIALS 'HELD ACCOUNTABLE' FOR ROLE PEDDLING 2016 RUSSIA HOAX

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.

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

The Office of the Director of National Intelligence officials told Fox News Digital Friday that they have been investigating the matter for months.

Officials told Fox News Digital that the new assessment "was based on information that was known by those involved to be manufactured i.e. the Steele Dossier or deemed as not credible."

Officials said that 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."

Gabbard told Fox News Digital that this "is not a partisan issue," but one that "concerns every American."

COMEY SAYS MCCABE LIED, CONFIRMS HE KICK-STARTED PROBE THAT LED TO HIS FIRING

"The information we are releasing today clearly shows there was a treasonous conspiracy in 2016 committed by officials at the highest level of our government," Gabbard told Fox News Digital. "Their goal was to subvert the will of the American people and enact what was essentially a years-long coup with the objective of trying to usurp the President from fulfilling the mandate bestowed upon him by the American people."

Gabbard said the "egregious abuse of power and blatant rejection of our Constitution" by Obama-era officials "threatens the very foundation and integrity of our democratic republic."

"No matter how powerful, every person involved in this conspiracy must be investigated and prosecuted to the fullest extent of the law, to ensure nothing like this ever happens again," Gabbard said. "The American people’s faith and trust in our democratic republic and therefore the future of our nation depends on it."

Gabbard added: "As such, I am providing all documents to the Department of Justice to deliver the accountability that President Trump, his family, and the American people deserve."

Fox News Digital reached out to Obama, Clapper, Comey, Brennan, Rice, Lynch and McCabe for comment and did not receive a response. 

The declassification of records and release by Gabbard and the Office of the Director of National Intelligence comes after Fox News Digital exclusively reported that former CIA Director Brennan and former FBI Director James Comey are under criminal investigation for activities related to the original Trump-Russia probe.

The criminal referral for Brennan came from CIA Director John Ratcliffe, after he declassified records revealing that Brennan did, in fact, push for the discredited anti-Trump dossier to be included in the 2017 Intelligence Community Assessment, despite the CIA’s consensus that it was filled with "internet rumor."

That dossier ultimately served as the basis for the Trump-Russia probe inside the FBI and for Foreign Intelligence Surveillance Act (FISA) warrants against former Trump campaign aide Carter Page.

Ratcliffe sent the criminal referral for Brennan to FBI Director Kash Patel, who then opened a criminal investigation into Brennan and into Comey.

Reacting to the news of the investigation, Trump said he thinks "they’re very dishonest people."

"I think they're crooked as hell," Trump said. "And, maybe they have to pay a price for that."

Trump added: "I believe they are truly bad people and dishonest people. So whatever happens, happens." 

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.

Who is Norm Eisen? Meet the anti-Trump attorney repping FBI agents suing the DOJ

One of the attorneys representing anonymous FBI agents suing the Department of Justice to block the public identification of agents who investigated Jan. 6 is a longtime anti-Trump lawyer who worked with House Democrats on President Donald Trump’s first impeachment. 

Norm Eisen is an attorney, CNN legal analyst and expert at the Brookings Institution public policy think tank who previously served as the U.S.' ambassador to the Czech Republic and special counsel for ethics and government reform under the Obama administration, when he earned the nicknames "Dr. No" and "The Fun Sponge" for reportedly ensuring the administration abide by ethics rules. 

Eisen appeared in court on Thursday for a hearing before U.S. District Judge Jia M. Cobb involving a pair of lawsuits filed by two groups of FBI agents who investigated the Jan. 6 breach of the Capitol Building as well as former special counsel Jack Smith's investigations and cases against Trump. 

Eisen serves as executive chair of State Democracy Defenders Fund, which filed a lawsuit Tuesday on behalf of the FBI agents who investigated Trump-related cases. State Democracy Defenders Fund is a nonprofit that bills itself as focused on defeating "election sabotage" and "autocracy in 2025 — and beyond."

FBI AGENTS SUE TRUMP DOJ TO BLOCK ANY PUBLIC IDENTIFICATION OF EMPLOYEES WHO WORKED ON JAN. 6 INVESTIGATIONS

"Credible reports indicate the FBI has been directed to systematically terminate all Bureau employees who had any involvement in investigations related to President Trump, and that Trump’s allies in the DOJ are planning to publicly disseminate the names of those employees they plan to terminate," State Democracy Defenders Fund wrote in its press release of the emergency order to block the public release of FBI personnel names involved in the Jan. 6 investigation. 

Fox News Digital took a look back on Eisen's rhetoric and actions across the past few years and found that he has repeatedly been at the forefront of the legal cases against Trump, notably serving as co-counsel for the House Judiciary Committee during the first impeachment of Trump beginning in 2019. 

FBI AGENTS GROUP TELLS CONGRESS TO TAKE URGENT ACTION TO PROTECT AGAINST POLITICIZATION

House Democrats tapped Eisen — who early in his career specialized in financial fraud litigation and investigations — to help lead the first impeachment against the 45th president, which accused Trump of abuse of power and obstruction of Congress related to allegedly seeking foreign interference from Ukraine to boost his re-election efforts in 2020. The House adopted two articles of impeachment against Trump, but the Senate ultimately voted to acquit him. 

Eisen revealed following the impeachment effort that he initially drafted 10 articles of impeachment against Trump, not just two, which would have included issues such as "hush money" payments to former porn star Stormy Daniels. Although the payments were not included in the impeachment articles, they were a focal point of the Manhattan v. Trump trial that found Trump guilty of 34 counts of falsifying business records in May 2024. 

FBI AGENTS DETAIL J6 ROLE IN EXHAUSTIVE QUESTIONNAIRE EMPLOYEES 'WERE INSTRUCTED TO FILL OUT'

"This was only the third impeachment trial of a president in American history, so it's remarkable that we even got those two," Eisen said in an NPR interview in 2020. "I will tell you that those two articles are a microcosm of all 10 of the impeachment articles that we drafted. They have features of all 10." 

Eisen told Fox News Digital, when asked about his history of anti-Trump cases, that he was initially open to working with the first Trump administration, but that the president, "turned against the Constitution."

"I was initially open to Trump and even advised his first presidential transition," Eisen told Fox Digital in an emailed comment on Friday. "But he turned against the Constitution and laws."

"In his first administration and now, he was and is using the presidency to break the law and to help himself and his cronies like Elon Musk — not the American people," he continued. "To ensure the integrity of our democracy, I am pushing back through the bipartisan institutions I work with such as State Democracy Defenders Fund, which has strong conservative representation on our board." 

Eisen is the co-founder of the nonprofit Citizens for Responsibility and Ethics in Washington, which made waves in 2023 and 2024 when it helped to initiate a Colorado court case to remove Trump from the primary ballot in the state, The New York Times reported.  

The lawsuit, which ultimately landed in the Supreme Court, argued that Trump should be deemed ineligible from holding political office under a Civil War-era insurrection clause and that his name should thus be barred from appearing on the 2024 ballot. The group said that Trump’s actions on Jan. 6, 2021, when supporters breached the U.S. Capitol, violated a clause in the 14th Amendment that prevents officers of the United States, members of Congress or state legislatures who "engaged in insurrection or rebellion" against the Constitution from holding political office.

Other states made similar legal claims to remove Trump, but each of the nine Supreme Court justices ruled in Trump’s favor in a decision released last March, ending the Colorado case and all others that were similar. 

DOJ DIRECTS FBI TO FIRE 8 TOP OFFICIALS, IDENTIFY EMPLOYEES INVOLVED IN JAN. 6, HAMAS CASES FOR REVIEW

The State Democracy Defenders Action, which Eisen co-founded, has also been involved with other Trump-involved court cases, including in the Manhattan v. Trump case. The group helped file an amicus brief in February, advocating that presiding Judge Juan Merchan sentence Trump just days ahead of his inauguration. Trump was ultimately sentenced to unconditional discharge, meaning he faces no fines or jail time. 

​​Trump was found guilty of 34 counts of falsifying business records in the Manhattan case in May 2024. Manhattan District Attorney Alvin Bragg's office worked to prove that Trump had falsified business records to conceal a $130,000 payment to former porn star, Stormy Daniels, ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006.

Eisen also founded another group, the States United Democracy Center, which filed an amicus brief in 2024 in Fulton County, Georgia, court, advocating that District Attorney Fani Willis' racketeering case against Trump not be dismissed. 

ANTI-TRUMP FBI AGENT RESPONSIBLE FOR OPENING JACK SMITH ELECTOR CASE AGAINST PRESIDENT: WHISTLEBLOWER

The Georgia Court of Appeals ruled in December 2024 that Willis and her office are barred from prosecuting the case. The case worked to prove that Trump had led a "criminal racketeering enterprise" to change the outcome of the 2020 election in Georgia. Trump has maintained his innocence in that case, as well as the other federal and state charges brought against him between the 2020 and 2024 election, slamming them as Democrat lawfare. 

Eisen, in his capacity as executive chair and founder of State Democracy Defenders Fund, also sent a letter to Senate Judiciary Chair Chuck Grassley, R-Iowa, and ranking Committee Member Sen. Dick Durbin, D-Ill. on Monday to speak out against Kash Patel's nomination as director of the FBI under the second Trump administration. Eisen said he had ethics concerns surrounding Patel's previous work in Qatar. 

MAJOR FBI CHANGES KASH PATEL COULD MAKE ON DAY 1 IF CONFIRMED AS DIRECTOR

The FBI lawsuits followed acting Deputy Attorney General Emil Bove sending a memo to acting FBI Director Brian Driscoll in late January, directing him to fire eight FBI employees who worked on the Jan. 6 investigation, as well as a terror case related to Hamas' Oct. 7, 2023, attack against Israel. The memo also informed the acting director to identify all current and former FBI personnel who took part in the case. 

The memo's directive to identify those involved in the case sparked the two FBI lawsuits filed Tuesday, which seek to stop the collection of names and their public release. 

"The individuals being targeted have served in law enforcement for decades, often putting their lives on the line for the citizens of this country," Eisen said in a statement provided in State Democracy Defenders Fund's press release announcing it filed an emergency order on behalf of the FBI agents. "Their rights and privacy must be preserved."

The judge temporarily barred the Trump DOJ on Thursday from disclosing information on the agents until she hears arguments and determines whether to issue a temporary restraining order. 

Fox News Digital's Breanne Deppisch and Brooke Singman contributed to this report. 

President Biden’s pardon of son Hunter a political gift for Trump going forward

Legal and political analysts are characterizing President Biden's stunning "full and unconditional pardon" of his son Hunter as an early holiday gift for President-elect Donald Trump.

"He's essentially endorsing Trump's long-held opinion that the Department of Justice is politicized and isn't acting impartially," longtime Republican strategist and communicator Ryan Williams said of the move by Biden.

In absolving his son ahead of twin sentencings on separate gun and tax convictions later this month, the president argued that the Justice Department's handling of the cases against Hunter Biden was politicized.

DID TRUMP PREDICT BIDEN PARDON OF HIS SON HUNTER?

Biden said in a statement Sunday night that his son, who is a recovering addict, was "treated differently" because of who his father is.

"No 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," the president said in the statement. "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."

TRUMP STATEMENT ON BIDEN'S MOVE TO PARDON HIS SON

Biden, in his statement, appeared to be pointing to the way the case was handled by David Weiss. He is the Trump-appointed U.S. attorney from Delaware who originally investigated Hunter Biden and was later appointed as a special counsel during the Biden administration by Attorney General Merrick Garland.

While an impeachment inquiry by House Republicans that looked into the president and his son's business relationships fizzled, Trump, during the presidential campaign, hinted at continuing to investigate the younger Biden in his second term in the White House.

However, Trump will not be able to undo the pardon when he takes office. Additionally, the pardon's sweeping nature means the next Trump Justice Department would not be able to reopen the criminal probe against Hunter Biden.

However, Trump gains something arguably more valuable - political cover.

Trump was heavily criticized during his first term for using pardons to protect political aides and allies - including longtime fixer Roger Stone and 2016 campaign chairman Paul Manafort - and relatives, including his daughter's father-in-law, whom the president-elect named as his second term ambassador to France. 

Biden's pardon of his son now gives Trump a powerful rebuttal.

"Biden has endorsed this idea that the Department of Justice acts in a political way, and he's thrown out long-held precedent when it comes to pardons," Williams told Fox News.  "He's blowing up an institution and procedures, which is what Democrats have long criticized Trump for. They don't have any moral authority to say that Trump is undermining institutions and changing long-held procedures. That's what Joe Biden just did with this pardon."

The president-elect will be under pressure as he takes office next month to pardon many of those convicted of crimes in the Jan. 6, 2021 attack on the U.S. Capitol by Trump supporters aiming to upend congressional certification of Biden's 2020 election victory. Many of those convicted are still in prison.

HUNTER BIDEN SAYS HIS MISTAKES WERE EXPLOITED BY REPUBLICANS

Fox News legal editor Kerri Kupec Urbahn said that "Joe Biden has lowered the bar so much here in offering this pardon to Hunter Biden, that I think Donald Trump will be able to pardon a whole host of people including Jan. 6 [defendants]."

Trump, in a statement following Biden's move, raised expectations that he should issue pardons for some of those Jan. 6 convicts.

"Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years?" Trump wrote in a social media post Sunday night. "Such an abuse and miscarriage of Justice!"

Biden's pardon came 24 hours after Trump announced he would nominate loyalist Kash Patel as FBI director. Patel, a controversial pick, has long amplified Trump's unproven claims the 2020 election was stolen and long vowed to clean house at the FBI.

The move by Biden may help Trump as he works to push the nomination of Patel and Pam Bondi - a former Florida attorney general and another Trump loyalist who the president-elect named as his second pick for attorney general - through the Senate.

Republican Sen. Tom Cotton of Arkansas, a leading Trump ally in the Senate, argued in a social media post that "Democrats can spare us the lectures about the rule of law when, say, President Trump nominates Pam Bondi and Kash Patel to clean up this corruption."

The Hunter Biden pardon may convince Republican senators who may have serious reservations regarding the Patel and Bondi picks to now back Trump.

"I do think it makes it more likely that some of these more traditional Republican senators will be p****d off enough to help Trump confirm some of his more controversial nominees," a Republican who works on Capitol Hill told Fox News, as he noted that "it's the most sweeping pardon since Richard Nixon" a half a century ago.

Trial for ex-FBI informant accused of fabricating Biden bribery story delayed until after 2024 election

The trial for Alexander Smirnov, the ex-FBI informant who has been charged with making false statements related to Joe Biden and Hunter Biden's business ties in Ukraine, has been delayed until early December, just weeks after the 2024 presidential election.

Smirnov's trial had been scheduled to begin in Los Angeles April 23, but special counsel David Weiss and Smirnov's defense attorneys filed a joint stipulation motion last week requesting additional time to prepare for the trial. 

Smirnov's attorneys said a failure to grant the time would "deny them reasonable time necessary for effective preparation, taking into account the exercise of due diligence." 

The motion also pointed to additional time necessary to bring classified material into discovery, noting they would have to go through the Classified Procedures Act.

FBI INFORMANT CHARGED WITH GIVING FALSE INFORMATION ABOUT HUNTER BIDEN IN 2020

U.S. District Judge Otis Wright, who is presiding over the trial, granted the request. 

Smirnov's trial is now scheduled to begin Dec. 3 at 9:30 a.m. 

Weiss charged Smirnov, 43, in February after he alleged Joe Biden and Hunter Biden were paid millions in exchange for their help in firing a Ukrainian prosecutor who was at the time investigating the Ukrainian energy firm Burisma Holdings. Hunter Biden sat on the board of that company when Shokin was removed from his post. 

JUDGE RULES NO BAIL RELEASE FOR FBI INFORMANT ACCUSED OF LYING ABOUT BIDEN BUSINESS TIES

Prosecutors have accused Smirnov of peddling lies "that could impact U.S. elections," highlighting his alleged lies about a supposed multimillion-dollar bribery scheme involving the Bidens and Burisma Holdings. 

Prosecutors say Smirnov falsely told his handler that Burisma executives paid Vice President Joe Biden and his son Hunter $5 million each around 2015. 

Smirnov pleaded not guilty to making a false statement. He is being held without bail after a judge denied his request for release.

Wright ordered that Smirnov remain in detention ahead of his trial in April, concurring with prosecutors who argued he presented a high flight risk. It is unclear whether Smirnov will remain in detention until December. 

Smirnov, a now-ex-FBI informant, had been described by the FBI as a "highly credible" confidential human source and worked for the bureau for years, dating back to the Obama administration. Smirnov, through his work for the FBI, had been paid "six figures," the FBI told lawmakers. 

The FBI also told lawmakers that information Smirnov brought to the bureau was "used in criminal investigations and prosecutions." 

Top DOJ officials also testified that Smirnov "was vetted against sources of Russian disinformation" and they found that information regarding the Bidens was "not sourced from Russian disinformation." 

SENATORS DEMAND FBI AGENTS TESTIFY ABOUT 'HIGHLY CREDIBLE' SOURCE WHO ALLEGEDLY MADE UP BIDEN BRIBERY SCHEME

But according to the indictment, Smirnov gave "false derogatory information" to the FBI despite "repeated admonishments that he must provide truthful information and that he must not fabricate evidence." 

The indictment says Smirnov told an FBI agent in March 2017 that he had a phone call with Burisma’s owner concerning the firm potentially acquiring a U.S. company and making an initial public offering (IPO) on a U.S-based stock exchange. 

In reporting this conversation to the FBI agent, Smirnov said Hunter Biden was a board member of Burisma, though this was publicly known. 

Smirnov is accused of having told the FBI for the first time In June 2020 about two meetings he had four to five years earlier, where executives associated with Burisma supposedly admitted they hired Hunter Biden to "protect us, through his dad, from all kinds of problems." 

During this meeting, the indictment alleges, Smirnov said the executives paid $5 million to each of the Bidens while Joe Biden was still in office. The indictment alleges Smirnov falsely claimed the Bidens were paid so that Hunter Biden, with his dad’s help, could take care of a criminal investigation being conducted by then-Ukrainian Prosecutor General Viktor Shokin into Burisma. 

BIDENS ALLEGEDLY 'COERCED' BURISMA CEO TO PAY THEM MILLIONS TO HELP GET UKRAINE PROSECUTOR FIRED: FBI FORM

The indictment alleges this information given by Smirnov in June 2020 was a fabrication. Prosecutors say Smirnov did have contact with Burisma executives in 2017, but when Joe Biden was out of public office and had no ability to influence U.S. policy and after the Ukrainian Prosecutor General had been fired in February 2016. 

The indictment alleges Smirnov transformed his "routine and unextraordinary" business contacts with Burisma in 2017 and later bribery allegations against Joe Biden after expressing bias against him and his presidential candidacy. 

Smirnov is accused of repeating some of his false claims during an interview with FBI agents in September 2023, while changing other bits of information and promoting a new false narrative after claiming to have met with Russian officials. 

If convicted, Smirnov faces a maximum of 25 years in prison.   

House Oversight Committee Chairman James Comer and GOP Sen. Chuck Grassley were approached by a whistleblower last summer who alleged the FBI was in possession of a document — an FD-1023 form, dated June 30, 2020 — which explicitly detailed information provided by a confidential source alleging Biden, while serving as vice president, was involved in a multimillion-dollar scheme with a foreign national in exchange for influence over policy decisions.

The source told Fox News Digital the confidential source was used by the FBI for "at least several years," dating back to the Obama administration, before the FD-1023 form, and was "found to be highly credible" by the FBI. 

House Republicans demanded the FBI turn over the document, but FBI Director Christopher Wray refused a request from Comer and Grassley last summer for the public release of the form because the bureau "claimed it would jeopardize the safety of a confidential human source who they claimed was invaluable to the FBI." 

Wray was at risk of being held in contempt of Congress and eventually brought the FD-1023 form to Capitol Hill for House lawmakers to review in a secure location. 

Fox News Digital first reported on the contents of the document. 

An FD-1023 form is used by FBI agents to record unverified reporting from confidential human sources. The form is used to document information as told to an FBI agent, but recording that information does not validate or weigh it against other information known by the FBI. 

Comer said the FBI's FD-1023 form is not being used in the impeachment inquiry against the president.