Hunter Biden’s attorney claims indictments would not have been brought if he was not related to the president

Hunter Biden's attorney said Thursday that his client would not be facing charges out of Delaware and California if he was not President Biden's son, saying the charges would not be brought if his last name was "anything other than Biden."

Earlier Thursday, Hunter Biden was indicted in California on nine tax charges over $1.4 million in taxes he owed between 2016 and 2019. Special Counsel David Weiss has been using a federal grand jury in Los Angeles to gather evidence of possible criminal tax charges against Hunter Biden.

The charging documents filed in California accuse Hunter Biden of spending money on personal expenses including drugs, luxury hotels and exotic cars. "[I]n short, everything but his taxes," prosecutors wrote.

If convicted, Hunter Biden could face up to 17 years in prison.

HUNTER BIDEN FACES NEW INDICTMENT IN CALIFORNIA

This comes after Hunter Biden pleaded not guilty in October to federal gun charges in the U.S. District Court for the District of Delaware in connection with Weiss' years-long investigation.

"Based on the facts and the law, if Hunter’s last name was anything other than Biden, the charges in Delaware, and now California, would not have been brought," defense attorney Abbe Lowell said in a statement. "First, U.S. Attorney Weiss bowed to Republican pressure to file unprecedented and unconstitutional gun charges to renege on a non-prosecution resolution. Now, after five years of investigating with no new evidence -- and two years after Hunter paid his taxes in full -- the U.S. Attorney has piled on nine new charges when he had agreed just months ago to resolve this matter with a pair of misdemeanors."

"I wrote U.S. Attorney Weiss days ago seeking a customary meeting to discuss this investigation," he continued. "The response was media leaks today that these charges were being filed. All these issues will now be addressed in various courts, the first to occur this Monday when the prosecutors knew our motions to dismiss their first set of questionable charges would be filed."

Lowell said all of Hunter Biden’s back taxes were paid in full more than two years ago and that he has since been up-to-date with his filings and taxes. Lowell also said his client was suffering from a serious drug addiction during the period of unpaid taxes.

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Additionally, Lowell pointed out that millions of Americans fail to file or pay their taxes on time each year and that it is uncommon for someone to be charged for not filing or paying their taxes on time. Lowell said it is especially rare for a person who paid the taxes, interest and penalty afterward to be charged.

Thursday's indictment comes ahead of an expected vote from House Republican leaders next week to formally initiate an impeachment inquiry into President Biden over possible ties to his son's overseas business dealings. The White House has maintained that President Biden had no knowledge of his son's business dealings.

House Republicans have also said they would move to hold Hunter Biden in contempt of Congress if he does not appear for a closed-door deposition on Dec. 13. But Hunter Biden has said he would only testify before the House if it is in public because information from closed-door testimonies is selectively leaked and used to "manipulate, even history, the facts and misinform the American public."

Report shows blue counties have higher murder rate than red, calls out ‘flawed’ studies promoted by top Dems

FIRST ON FOX: A report from the Heritage Foundation shows that homicide rates have been higher in Democrat-run "blue counties" than they have been in "red counties" since 2002 – contradicting a popular talking point recited by prominent liberals like California Gov. Gavin Newsom and billionaire George Soros.

Newsom has publicly stated that "8 of the top 10 murder states are red" while liberal mega-donor Soros wrote in the Wall Street Journal last year that "violent crime in recent years has generally been increasing more quickly in jurisdictions without reform-minded prosecutors" and "murder rates have been rising fastest in some Republican states led by tough-on-crime politicians."

The problem, according to Heritage Foundation’s Kevin Dayaratna, who authored the report along with former research assistant Alexander Gage, is that studies cited by Democrats to make that argument – including a recent study from Third Way titled "The Two-Decade Red State Murder Problem" – use a "flawed" methodology because crime is a local issue and, therefore, crime analysis must be undertaken at the local level.

"It is true that red states have higher homicide rates than blue states, but the problem with this is that crime is a hyper-localized phenomenon," Dayaratna told Fox News Digital. "It doesn't make sense to talk about at the state level. It makes sense to talk about at the local level because that's where the prosecutions occur. The local level crime is handled at the local level by local police, so when you look at this question on a local basis, namely the county level, you'll see that the trend is reversed."

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"If you look at the analysis on a state-by-state level, it's 34% higher in red states and blue states, according to the most recent data we analyzed, but then when you look at it as a county-by-county level, it is 60% higher in blue counties than red counties."

The study says that "drawing conclusions from state-level homicide data in such a manner is flawed, as each state consists of a combination of federal, state, county, and local law enforcement agencies, as well as prosecutors with different approaches to law enforcement often based on highly divergent political beliefs."

"Violations of state law are prosecuted largely at the county or city level and, thus, amalgamating data across such units neglects important variation in these different approaches," the study continues.

"Looking at homicide rates by county, states show skewed distributions with many counties having little or no homicides, and a handful of counties with excessively high homicide rates. Thus, state homicide rates can be heavily influenced by a few counties. When those counties have different politics from the rest of the state, it can flip the conclusion about the association between political identifications and homicides."

Dayaratna also told Fox News Digital that Third Way’s conclusion that homicide rates are higher in red states is flawed because it did not update the changes in red states and blue states, in terms of how they shifted in presidential elections over the past 20 years, when compiling the data.

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"Third Way held ‘red’ states and ‘blue’ states constant in terms of how they voted in the 2020 presidential election. This approach is fundamentally flawed because electoral sentiment changed across the time period used for the study," the report states.

"For example, although President Biden won Arizona in 2020, the previous Democrat who won the state was Bill Clinton in 1996. Similarly, Donald Trump won Florida in both 2016 and 2020, despite the fact that Barack Obama had won the state in 2008 and 2012."

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Dayaratna said that between 2002 and 2008, there was an 88% higher rate of homicide in blue counties than red counties and between 2014 and 2022 there was a 62% increase.

"It is undoubtable that this blue county murder problem has been persisting for quite some time," Dayaratna told Fox News Digital. "And it is quite disingenuous for the Third Way to just present the data as they did. We analyze it from a variety of perspectives at the Heritage Foundation. And we wanted to make sure we put out the proper story."

Last year, Dayaratna partnered with fellow Heritage scholars Cully Stimson and Zack Smith and released a study showing that of the 30 American cities with the highest murder rates, 27 have Democratic mayors, and at least 14 Soros-backed prosecutors.

A spokesperson for Third Way told Fox News Digital that "data is missing or suppressed for many suburban and rural counties, making a complete county-level analysis impossible. But to test a prevalent narrative, we removed the county containing the largest city from only the red states and we found that even after removing the murders from the biggest cities in red states, red state murder rates were still significantly higher than in blue states, which were given no similar advantage."

In response to not updating the electoral map, the spokesperson said they "chose an approach that categorized states consistently across all 21 years" and that "including electoral changes would only increase red state murder rates."

A spokesperson for Newsom's office told Fox News Digital that Newsom has cited more localized crime studies in the past and pointed to a specific interview where he did so in September. 

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

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

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

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

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

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

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

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

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

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

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

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

HUNTER BIDEN SUES FORMER WH AIDE FOR ALTERING, PUBLISHING ‘PORNOGRAPHIC’ PHOTOS FROM THE LAPTOP HE DENIES IS HIS

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

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

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

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

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

Fox News' Jamie Joseph contributed to this report.

Impeachment trial of Texas Republican Attorney General Ken Paxton set to begin

Texas Republican Attorney General Ken Paxton is bracing for his impeachment trial set to begin Tuesday, historically brought by state senators of his own political party. 

The state Senate is taking up 16 articles of impeachment relating to allegations of bribery, dereliction of duty and disregard of official duty against Paxton, who will be just the third person to stand for an impeachment trial in the history of the Texas legislature. 

A close ally to former President Donald Trump, Paxton spearheaded several lawsuits in December 2020 challenging the presidential election results in Georgia, Pennsylvania, Michigan and Wisconsin showing a victory for Joe Biden. Paxton also spoke during Trump’s Jan. 6, 2021, rally at the Ellipse, the park south of the White House, before the eventual riot at the U.S. Capitol. 

But the impeachment trial centers around Paxton’s relationship with Austin real estate developer Nate Paul. Paxton, who has decried the trial as a "political motivated sham," and an effort to disenfranchise his voters, won a third term in 2022 despite long-pending state criminal charges and an FBI investigation.

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The GOP-led state House of Representatives voted overwhelmingly to impeach Paxton in May, largely based on his former deputies' claims that the attorney general used his power to help a wealthy donor who reciprocated with favors including hiring a woman with whom Paxton had an extramarital affair.

Paxton faces trial by a jury — the 31 state senators — stacked with his ideological allies and a "judge," Republican Lt. Gov. Dan Patrick, who loaned $125,000 to his last reelection campaign. His wife, Sen. Angela Paxton, will attend the trial but cannot participate or vote. 

Two other senators play a role in the allegations against Paxton. A two-thirds majority — or 21 senators — is required for conviction, meaning that if all 12 Senate Democrats vote against Paxton, they still need at least nine of the 19 Republicans to join them.

The trial will likely bring forth new evidence, but the outline of the allegations against Paxton has been public since 2020, when eight of his top deputies told the FBI that the attorney general was breaking the law to help Paul. The deputies — largely conservatives whom Paxton handpicked for their jobs — told investigators that Paxton had gone against their advice and hired an outside lawyer to probe Paul's allegations of wrongdoing by the FBI in its investigation of the developer. 

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They also said Paxton pressured his staff to take other actions that helped Paul.

Federal prosecutors continue to examine Paul and Paxton's relationship, so the evidence presented during his impeachment trial poses a legal as well as a political risk to the attorney general. Paul was indicted in June on federal criminal charges based on allegations that he made false statements to banks to secure more than $170 million in loans. He pleaded not guilty and has broadly denied wrongdoing in his dealings with Paxton.

The two men bonded over a shared feeling that they were the targets of corrupt law enforcement, according to a memo by one of the staffers who went to the FBI. Paxton was indicted on securities fraud charges in 2015 but is yet to stand trial. The Senate is not taking up, at least initially, three impeachment articles about the alleged securities fraud and a fourth related to Paxton's ethics filings.

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After going to the FBI, all eight of Paxton's deputies quit or were fired. Four of the deputies later sued Paxton under the state whistleblower act. The bipartisan group of lawmakers who led Paxton's impeachment in the House said it was him seeking $3.3 million in taxpayer funds to settle with the group that prompted them to investigate his dealings.

The Associated Press contributed to this report. 

Gov. Brian Kemp hasn’t received ‘any evidence’ state Sen. Moore has majority necessary for Willis impeachment

FIRST ON FOX: Georgia Gov. Brian Kemp's office says the state senator seeking to impeach the prosecutor handling the Georgia case against former President Donald Trump has not provided evidence that he has the necessary support to call a special session.

In a letter to the governor filed Thursday, state Sen. Colton Moore claimed to have the support of "3/5 of each respective house" in the state legislature regarding his efforts to impeach Fulton County District Attorney Fani Willis.

"We have not been provided any evidence to support that assertion," spokesman Garrison Douglas told Fox News Digital. 

GEORGIA STATE SENATOR MOVES TOWARD IMPEACHING DA FANI WILLIS OVER TRUMP CHARGES

Moore is moving to impeach Fulton County District Attorney Fani Willis over the charges brought against former President Trump.

"As a Georgia State Senator, I am officially calling for an emergency session to review the actions of Fani Willis," Moore said on social media Thursday. "America is under attack. I’m not going to sit back and watch as radical left prosecutors politically TARGET political opponents."

"We, the undersigned, being duly elected members of the Georgia House of Representatives and Georgia Senate, and comprising 3/5 of each respective house, pursuant to Article IV, Section II, Paragraph VII(b), hereby certify to you, in writing, with a copy to the Secretary of State, that in our opinion an emergency exists in the affairs of the state, requiring a special session to be convened under that section, for all purposes, to include, without limitation, the review and response to the actions of Fani Willis," Moore wrote in his letter to the governor the same day.

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Regarding further questions on the state senator's bid to impeach Willis, Kemp's office said it could not comment due to the governor's involvement in the case.

"Given the governor was subpoenaed in this case in November of 2022, our office will not be commenting further," he added.

Kemp's office directed Fox News Digital to comments made by one of Kemp's senior advisors, Cody Hall.

"Where have I heard special session, changing decades-old law, and overturning constitutional precedent before?" Hall asked in an interview with the Atlanta Journal-Constitution. "Oh right, prior to Republicans losing two Senate runoffs in January of 2021."

"What are people hoping to learn in the second kick of the election-losing mule?" Hall continued.

Fox News Digital reached out to state Sen. Colton Moore's office for clarification on his claim regarding the 3/5 majority in the state houses, but did not hear back in time for publication.

5th Circuit deals blow to federal gun statute used in Hunter Biden case

The U.S. Court of Appeals for the 5th Circuit on Wednesday voided a federal law that prevents unlawful drug users from possessing firearms.

The statute, 18 U.S.C. § 922(g)(3), bars anyone who is an "unlawful user of or addicted to any controlled substance," including marijuana, from possessing a gun. Violators can face up to 10 years in prison. However, a three-judge panel, citing the Supreme Court's landmark gun rights decision last year, unanimously found the statute unconstitutional as applied to defendant Patrick Daniels. 

Daniels, an admitted habitual marijuana user, was arrested in April 2022 after police searched his car and found marijuana and two loaded firearms. He was convicted in July 2022 and sentenced to nearly four years in prison and three years of probation — a conviction the 5th Circuit panel has now thrown out. 

Though the decision is limited to Louisiana, Mississippi and Texas, it could potentially impact the ongoing federal case against Hunter Biden, who is charged in Delaware under the same statute. Former Assistant U.S. Attorney Andrew McCarthy told Fox News the Justice Department could use the 5th Circuit's opinion as a rationale for a new plea agreement.

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"Even though Hunter Biden’s situation is readily distinguishable from that of Patrick Daniels, it’s possible the Justice Department could rationalize that the 5th Circuit’s ruling supports its exercise of discretion to give Biden deferred-prosecution treatment (as currently proposed, two years of probationary conditions followed by dismissal if the conditions are met) in a plea agreement," McCarthy said. 

The 5th Circuit case, known as U.S. v. Daniels, was decided by Judges Jerry Smith, Stephen Higginson and Don Willett. Together, they held that the 922(g)(3) restriction was too broad as applied to Daniels and unsupported by a "historical tradition of firearm regulation," as required by the Supreme Court in Bruen. 

"Just as there was no historical justification for disarming a citizen of sound mind, there is no tradition that supports disarming a sober citizen who is not currently under an impairing influence," Smith wrote. "Indeed, it is helpful to compare the tradition surrounding the insane and the tradition surrounding the intoxicated side-by-side."

The statute's language does not distinguish between a person who is intoxicated or a person who is sober but in possession of drug paraphernalia at the time of their arrest.

The court observed that the founding-era law "institutionalized the insane and stripped them of their guns; but they allowed alcoholics to possess firearms while sober." 

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"In short, neither the restrictions on the mentally ill nor the regulatory tradition surrounding intoxication can justify Daniels' conviction," Smith wrote. Further, the court said there was no historical tradition of stripping away gun rights from persons who are non-violent, drug users or otherwise. 

"The government asks us to set aside the particulars of the historical record and defer to Congress' modern-day judgment that Daniels is presumptively dangerous because he smokes marihuana multiple times a month. But that is the kind of toothless rational basis review that Bruen proscribes. Absent a comparable regulatory tradition in either the 18th or 19th century, § 922(g)(3) fails constitutional muster under the Second Amendment." 

The 5th Circuit has now declared two federal gun statutes unconstitutional under Bruen's precedent. In a previous case, U.S. v. Rahimi, the court struck down a federal statute that made it a crime for a person with a domestic violence restraining order to be in possession of a gun — a decision that has been appealed to the Supreme Court

In a concurring opinion, Higginson criticized Bruen for causing "uncertainty and upheaval" in how the government can apply public safety laws, which he said "face inconsistent invalidation." He observed that lower courts have wildly differed in their interpretations of Bruen, leading to disparate outcomes for individuals across the country charged with the same federal crime. 

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"Already, as courts work through the impact of Bruen, defendants guilty of a gun crime in one jurisdiction are presently innocent of it in another," the judge said.

Such is the case for Hunter Biden, who is charged with violating 18 U.S.C. § 922(g)(3) because he was a crack cocaine user when he bought a Colt Cobra .38 Special from StarQuest Shooters, a gun store in Wilmington, Delaware, in 2018. 

McCarthy said that while there are essential differences between Biden and Daniels, the Justice Department could still use the 5th Circuit's decision to go easy on Biden.

"The 5th Circuit panel unanimously ruled that the 922(g)(3) restriction was too broad as applied to Daniels. Historically, the law has permitted gun possession prohibitions against people who were actively under the influence of drugs or alcohol, but not against people who were sometimes under the influence but apparently sober at the time they possessed guns," he explained. 

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"Unlike Daniels, who by his own admission is a regular marijuana user, Biden was a cocaine addict who was provably binging on cocaine in the October 2018 time-frame when he possessed at least one firearm," McCarthy continued. "Marijuana is now legal in many states (even though it is still deemed a prohibited substance under federal law that is not enforced); cocaine is an illegal substance under state and federal law — it is more addictive, more debilitating, and consequently its possession and distribution are punished more severely in penal statutes.

"So the cases can be distinguished," McCarthy said. "Nevertheless, it would not be unreasonable for the Justice Department to say it needed to rethink prosecution standards for 922(g)(3) in light of the Daniels decision. Of course, the question would then be whether Hunter Biden was being given favorable treatment — i.e., was he being given a pass when the Biden Justice Department would still prosecute similarly situated people? It’s too early to answer that question."

Gun rights activists celebrated the 5th Circuit's opinion, denouncing 18 U.S.C. § 922(g)(3) as an unconstitutional restriction on the Second Amendment. 

However, Higginson warned that "further reductionism" under Bruen "will mean systematic, albeit inconsistent, judicial dismantling of the laws that have served to protect our country for generations." 

"This state of affairs will be nothing less than a Second Amendment caricature, a right turned inside out, against freedom and security in our State," Higginson wrote.

Schiff says classified document indictment proves Trump had ‘maligned intent’ to break law

Rep. Adam Schiff, D-Calif., said the "stunning" detail of the Justice Department's indictment of former President Donald Trump shows Trump had "maligned intent" when he took classified documents to Mar-a-Lago after leaving the White House.

"The most difficult element to prove often is, what did the defendant intend?" Schiff told MSNBC host Nicole Wallace in an interview Friday. "But here Donald Trump has made so crystal clear in the conversations that are recorded, in the instructions he gives to his aides to move the boxes, in his deceitfulness with his own attorneys. It's just so graphic."

Schff, a former federal prosecutor and an impeachment manager during Trump's first impeachment trial, said it was not a difficult decision for special counsel Jack Smith to bring charges against Trump. "The evidence laid out in this indictment is so powerful that I don't think special counsel had any choice but to go forward," he said.

Trump was indicted on 37 federal counts related to the classified documents the FBI recovered from Mar-a-Lago last August, including willful retention of national defense information, conspiracy to obstruct justice and false statements. 

TRUMP INDICTED ON 37 FEDERAL COUNTS OUT OF SPECIAL COUNSEL JACK SMITH'S INVESTIGATION INTO CLASSIFIED RECORDS

Special Counsel Jack Smith unsealed the indictment against the former president on Friday, emphasizing the "gravity" of the crimes Trump has been charged with as a result of his investigation. 

"I invite everyone to read it in full to understand the scope and the gravity of the crimes charged," Smith said Friday as the indictment was unsealed. 

"The men and woman of the United States intelligence community and armed forces dedicate their lives to protecting our nation, and its laws that protect national defense information are critical to the safety and security of the United States, and they must be enforced," Smith said. "Violations of those laws put our country at risk."

Trump announced he had been indicted on Thursday night on Truth Social. The former president told Fox News Digital he will plead not guilty. 

SPECIAL COUNSEL JACK SMITH POINTS TO ‘GRAVITY’ OF CRIMES TRUMP IS CHARGED WITH

The indictment states that Trump kept classified documents from his time in the White House in cardboard boxes brought to Mar-a-Lago. These boxes "included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack," according to the indictment. 

The special counsel alleges that Trump showed classified documents to individuals without a security clearance on two separate occasions in 2021. The indictment cites an audio recording of Trump showing off classified documents to several people in July 2021 at Trump National Golf Club in Bedminster, New Jersey, with Trump acknowledging the materials were still "a secret." 

The indictment states that on several occasions Trump "endeavored to obstruct the FBI and grand jury investigations and conceal his continued retention of classified documents" by suggesting that his attorney "falsely represent to the FBI and grand jury" that he "did not have documents called for by the grand jury subpoena." Trump is also accused of suggesting that his attorney "hide or destroy documents called for by the grand jury subpoena" and instructing his aide, Waltine Nauta, to move boxes of documents while claiming to be cooperating with investigators. 

Nauta was indicted on six federal counts as a "co-conspirator." 

EXCLUSIVE: TRUMP SAYS INDICTMENT IS ‘ELECTION INTERFERENCE AT THE HIGHEST LEVEL’ 

Schiff said he was "stunned" that the documents included secret details of military plans and other information that would put U.S. national security at risk if leaked. 

"But I think this is the way of special counsel and a speaking indictment, letting all the American people know that this isn’t a paperwork violation," he said. "These are national secrets that present real national security risks to the country."

Schiff said the indictment shows that Trump is not above the law. 

"He should be treated like any other lawbreaker. And today, he has been," Schiff said. 

Fox News' Brooke Singman contributed to this report.

Texas Gov Greg Abbott to sign bill taking on ‘rogue’ district attorneys

Texas is about to crack down on "rogue" district attorneys who refuse to prosecute entire classes of crime, like abortion or drug-related offenses. 

Gov. Greg Abbott said Monday he will sign House Bill 17, which expands the definition of "official misconduct" for which a prosecutor can be removed from office. Under the proposed law, Texas residents may call for the removal of a district attorney who refuses to prosecute a class or type of criminal offense by filing a petition. 

"This is one of many transformative bills passed this session," Abbott said Monday. "I'll sign it. But there's more work to do." 

The petitioner must be a resident of the offending district attorney's county for at least six months and not currently be charged with a criminal offense in that county. If enacted, the bill would also apply to county attorneys with criminal jurisdiction. 

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"Our message is crystal clear - the rule of law will be respected and enforced in Texas," said bill sponsor state Rep. David Cook, a Republican. "It's time to remove politics from prosecution." 

The Republican-led effort comes in response to progressive district attorneys and state attorneys general who have vowed not to enforce abortion bans since the Supreme Court overturned Roe v. Wade last year. Some district attorneys, such as New York's Alvin Bragg or Los Angeles District Attorney George Gascon, have declined to prosecute low-level crimes or misdemeanor offenses, including marijuana possession and prostitution. 

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In Texas, some progressive prosecutors refused to comply with a directive issued by Abbott last year ordering transgender medical care for minors to be investigated as child abuse. Legislation that would ban puberty blockers and hormone therapies for transgender minors is currently advancing through the legislature, and Abbott has promised to sign it.

Other district attorneys have pledged to end mass incarceration by declining to prosecute crimes, including Dallas County District Attorney John Creuzot, who announced in 2019 he would not prosecute thefts of personal items under $750 that are stolen out of necessity, the Texas Tribune reported.

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House Bill 17 contains an exemption for prosecutors who use pretrial diversion programs, which offer an alternative to prosecution for criminal offenders who agree to abide by the law moving forward and go through counseling or community service. 

Democrats and civil rights groups oppose the law, saying it is unconstitutional and overly vague, according to the Houston Chronicle. 

"This violation of the state’s separation of powers is one piece to an unsettling pattern of top-down power-grabbing," said state Democratic Sen. Sarah Eckhardt, a former prosecutor, according to the outlet. "Tools like prosecutorial discretion are critical — especially in a state like Texas, where our local district attorneys are directly elected by the people."

Republicans push resolution to ‘recognize and honor’ Daniel Penny for ‘heroism and courage’

EXCLUSIVE: Republican Rep. Andy Ogles of Tennessee introduced a resolution Thursday to "recognize and honor" Daniel Penny – a military veteran charged with manslaughter – for his "heroism and courage" on a New York City subway train earlier this month.

The resolution aims to set the record straight about what happened this month, and it recognizes Penny’s heroism in stepping up to protect himself and other frightened passengers in the subway car.

Penny is charged with manslaughter in the May 1 chokehold death of Jordan Neely, a homeless man, aboard a subway train. Penny, a 24-year-old Marine veteran, was questioned by police that day and released, but cellphone video, which showed two other men holding Neely's arms as Penny held Neely in a chokehold for several minutes, went viral online. A medical examiner later ruled Neely's death a homicide, even though prosecutors noted Neely was yelling threats toward other subway passengers when Penny intervened.

Disturbed by the treatment received by Penny, Ogles, with assistance from other Republicans in the House, is making it clear where he stands on the issue.

DANIEL PENNY BREAKS SILENCE OVER JORDAN NEELY DEATH: 'HAD NOTHING TO DO WITH RACE'

"The disgusting political abuse of power by Manhattan DA Alvin Bragg is an egregious assault on our justice system. On May 1, Daniel Penny took action to protect himself and innocent commuters on the F Train from an out-of-control individual," Ogles, who has represented Tennessee's Fifth Congressional District since January, told Fox News Digital. "DA Bragg and the mainstream media were quick to jump to the defense of Jordan Neely, who had a record of 42 arrests, including three assaults on women riding the New York subway."

"Instead of joining in with the full-throttled woke mob in unjustly demonizing Mr. Penny, I introduced a resolution to recognize and honor him for his heroism and courage," Ogles added.

In agreement with Ogles, Georgia Republican Rep. Marjorie Taylor Greene told Fox that Penny – referred to by his critics as a "White supremacist" and a "vigilante" – is the ideal "American hero."

"The world needs more men like Daniel Penny. He is exactly what an American hero looks like," Greene said in a statement.

The resolution, according to its text, recognizes "Daniel Penny of West Islip, New York, for his heroism and courage in apprehending a threat to public safety."

Neely, 30, was homeless and had more than 40 prior arrests, but his supporters have demanded Penny be charged with murder. Penny, who is charged with second-degree manslaughter and is free on $100,000 bond, spoke out for the first time Saturday, saying in a recent interview with the New York Post that his choice to step in had "nothing to do with race."

JORDAN NEELY PROTESTERS ARRESTED IN CLASH WITH COPS AT NYC VETERANS RALLY IN SUPPORT OF DANIEL PENNY

Penny said he was "deeply saddened" by Neely's death and insisted it is "tragic what happened to him."

"I judge a person based on their character. I’m not a White supremacist," Penny said. "I mean, it’s, it’s a little bit comical. Everybody who’s ever met me can tell you, I love all people, I love all cultures."

"Hopefully, we can change the system that’s so desperately failed us," he added.

Penny told the Post that he was on his way to the gym when Neely entered his subway car on May 1. Neely, who reportedly suffered from mental illness, began yelling about going to jail and being hungry and tired.

Passengers have said Neely was yelling and acting erratically when Penny intervened by putting him in a chokehold. Penny's lawyers have argued that the Marine veteran was trying to defend himself and passengers by restraining Neely.

Authorities are still determining to what extent Neely was threatening the train's passengers. Freelance journalist Juan Alberto Vazquez, who filmed the incident, said Neely was yelling and threw his jacket to the ground, but that he did not physically attack anyone.

But an eyewitness told Fox News Digital that Penny was a "hero" and recalled that Neely was using words like "kill" and "bullet" when he was yelling.

"It was self-defense, and I believe in my heart that [Penny] saved a lot of people that day that could have gotten hurt," the retiree told Fox News Digital.

The 24-year-old veteran told the Post that he did not regret the encounter and did not feel ashamed.

Fox News' Danielle Wallace, Andrea Vacchiano, and Rebecca Rosenberg contributed to this article.

Mother of NYC murder victim shouts down Democrat lawmaker: ‘Don’t insult my intelligence’

The mother of a New York City murder victim shouted down Rep. Dan Goldman, D-N.Y., during a House Judiciary Committee field hearing on Monday, warning the lawmaker not to "insult my intelligence."

The mother, Madeline Brame, was one of many witnesses to testify before the committee during Monday's hearing highlighting the crime problem in Manhattan. Goldman attempted to use the time granted to him to question Brame to instead criticize the hearing itself, arguing it was a "coverup" for Republicans attempting to defend former President Donald Trump.

Goldman, who served as impeachment counsel during Trump's first impeachment, sought to explain his view of the situation to Brame after other Democrats had stated that Republicans were using the witnesses as "props" to defend Trump.

"We're not insulting you. Your experiences are devastating, but the problem is, is that this is a charade to cover up for an abuse of power. [Republicans] are going around incessantly, outside of this hearing, about Donald Trump, and the purpose of this hearing is to cover up for what they know to be an inappropriate investigation [into District Attorney Alvin Bragg]," Goldman said.

MANHATTAN DA ALVIN BRAGG SUES REP. JIM JORDAN OVER TRUMP INDICTMENT SUBPOENAS

"Can I respond to you, please?" Brame asked as Goldman attempted to move on.

"Not right now, because I only have 20 seconds, I'm sorry. But I, I do–" Goldman said.

"Don't insult my intelligence," Brame interjected as Chairman Rep. Jim Jordan, R-Ohio, attempted to maintain order. "You're trying to insult me like I'm not aware of what's going on here. I'm fully aware of what's going on here, OK? That's why I walked away from the plantation of the Democratic Party."

HOUSE JUDICIARY COMMITTEE DEMANDS MANHATTAN DA ALVIN BRAGG TESTIFY ABOUT POSSIBLE TRUMP INDICTMENT

Brame had testified earlier about Bragg's mishandling of her son's murder case. Her son, Army Sgt. Hason Correa, was beaten and stabbed nine times by multiple people in 2018. The prosecution for the cases dragged on for more than four years, and Bragg ultimately removed the indictments against two of the suspects in favor of lesser charges. Two others ended up receiving life sentences.

Brame argued that Bragg's office has only served to escalate the city's crime problem, showing no "measurable results" in lowering the city's violent crime rate.