Category: Fox News

New GOP proposal unshackles victims of sanctuary policies to demand accountability: ‘Reset our system’

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EXCLUSIVE: Victims of sanctuary policies could soon be able to sue the state, county and local governments that enacted them, according to a new proposal by Rep. Darrell Issa, R-Calif.

The Sanctuary City Accountability Act (SCAA) would allow Americans nationwide to sue over the policies that limit the ability of local law enforcement to comply with federal immigration laws. Specifically, the bill would permit victims and their immediate families to take legal action over crimes that impacted them as a direct result of the policies.

"For years, sanctuary cities have openly defied federal law and endangered the American people by not only shielding illegals from the consequences of their crimes, but also ensuring they are allowed to remain free to victimize even more innocent Americans," Issa told Fox News Digital in a statement. "It’s time to reset our system and put the law on the side of American citizens, not criminal illegals.

‘BRING IT ON’: SHERIFF PUSHES BACK AFTER BLUE STATE LEADERS SUE TO STOP IMMIGRATION ENFORCEMENT

The legislation is expected to go through the House Judiciary Committee, of which Issa is a senior member.

"Any individual who is a national of the United States may bring a civil action in an appropriate district court of the United States against a sanctuary jurisdiction in which an alien was located if that alien commits a crime against that individual, or an immediate family member of that individual, in the sanctuary jurisdiction, or in any other jurisdiction to which the alien later relocates, for such injunctive relief or compensatory damages as may be appropriate," the bill's text states.

In the legislation, sanctuary policies are considered ones that limit Immigration and Customs Enforcement "detainer compliance" and not allowing ICE "access to interview incarcerated aliens."

RED STATE HUNTS TREN DE ARAGUA TERRORISTS AS JUDGES LIGHT ‘CREDIBILITY ON FIRE’ FIGHTING DEPORTATIONS: SENATOR

CLICK HERE FOR MORE IMMIGRATION COVERAGE 

It is also meant to build on the proposed Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act, which would make it federal law to allow local authorities to work with the federal government on illegal immigration issues.

The proposal comes as San Diego County, which Issa represents parts of, failed to scrap its "super sanctuary" policy established in December during a vote earlier this month.

"This is deeply disappointing," Republican Supervisor Jim Desmond said in a statement about the failed repeal vote. "This was not about politics. This was about ensuring that criminals—rapists, child abusers, burglars, and violent offenders—are removed from our communities. Instead, fear and misinformation won the day, leaving law-abiding residents at greater risk."

LAKEN RILEY ACT UNLEASHES FEDS TO HUNT VENEZUELAN GANG MEMBERS IN FLORIDA: LAWMAKER

Desmond and Supervisor Joel Anderson voted to get rid of the policy that was put in place by the board’s Democratic majority in December, Democratic Supervisor Monica Montgomery Steppe argued that repealing it would then give a role outside the scope of the county’s purview. The vote for the repeal was 2-1-1, meaning that nobody reached the necessary majority, as there was also a vacancy on the five-person board.

"Even in the very wording of policy L-2, it doesn’t protect criminals. What it was about is ensuring that this county stays in its lane and protects our region and that the federal government stays in its lane," Montgomery Steppe said before voting "no." Her Democratic colleague, Supervisor Terra Lawson-Remer, abstained.

Recent legislative policy changes have been prompted by crimes committed by illegal immigrants, including the Laken Riley Act, which prompts the Department of Homeland Security to detain illegal immigrants facing charges or conviction for a range of crimes, including burglary, assault and "any crime that results in death or serious bodily injury to another person." The bill passed with some bipartisan support. 

Judicial halt of deportation flights puts US foreign policy at risk, career State Dept official claims

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The United States' foreign policy could be in jeopardy after a federal judge ordered deportation flights with Venezuelan gang members be returned to the states, a career State Department official argued in a recent court filing. 

Michael Kozak, Senior Bureau Official at the State Department, wrote in a declaration filed Monday that, "The foreign policy of the United States would suffer harm if the removal of individuals associated with TdA were prevented," given the "significant time and energy" already invested by U.S. government officials. 

Obama-appointed, D.C.-based Judge James Boasberg issued an order Saturday to immediately halt any planned deportations of Venezuelan nationals to El Salvador. Boasberg also ordered the Trump administration to notify their clients that "any plane containing these folks that is going to take off or is in the air needs to be returned to the United States."

TRUMP ADMINISTRATION HAS NOON DEADLINE TO DISCLOSE DEPORTATION FLIGHT DETAILS AFTER JUDGE'S ORDER

The flights also included alleged members of the violent gang Tren de Aragua (TdA). 

Kozak noted the possibility "that foreign interlocutors might change their minds" over accepting certain individuals associated with TdA "or might otherwise seek to leverage this as an ongoing issue."

"These harms could arise even in the short term, as future conversations with foreign interlocutors seeking to resolve foreign policy matters would need to take this issue into account along with other issues, instead of allowing the discussions to fully move on to the other issues," Kozak wrote. 

Kozak did not further expand upon the "harms" that could arise as a result of Boasberg's order in his declaration. 

JUDGE WHO ORDERED DEPORTATION FLIGHTS OF VENEZUELAN GANG MEMBERS BE RETURNED FACES CALLS FOR IMPEACHMENT

"TDA is one of the most violent and ruthless terrorist gangs on planet earth," White House Press Secretary Karoline Leavitt told Fox News Digital in a statement. "They rape, maim and murder for sport. TDA is responsible for some of the most heinous crimes that have occurred on US soil in recent years, including the murders of Laken Riley and Jocelyn Nungaray. TDA is a direct threat to the national security of the United States."

The Trump administration had attempted to invoke a 1798 law to immediately deport said individuals for 14 days. 

Boasberg sided with the plaintiffs, Democracy Forward and the ACLU in granting the emergency order and ruling that the deportations would likely pose imminent and "irreparable" harm. 

"Given the exigent circumstances that [the court] has been made aware of this morning, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set," Boasberg wrote. 

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

In a Monday-evening hearing, Boasberg proceeded to ask the Trump administration to submit more information regarding the flights.

Both parties are ordered to appear back in court on Friday.

In its Monday motion to vacate the order, the Trump Department of Justice argued that not only did the court not have jurisdiction to hear the plaintiffs' claims, but Trump's "determination that an ‘invasion’ or ‘predatory incursion’ has occurred" is not subject to judicial review. 

"The Constitution simply provides no basis for a court to determine when this AEA trigger has been met, and thus there is no basis for second-guessing the policy judgment by the Executive that such an ‘invasion’ or ‘predatory incursion’ is occurring," the motion read. 

The motion also argued that the administration's "Proclamation" and its implementation "are perfectly lawful."

"Under his authority to protect the nation, the President determined that TdA represents a significant risk to the United States, that it is intertwined and advancing the interests of a foreign government in a manner antithetical to the interests of the United States, and that its members should be summarily removed from this country as part of that threat," the motion continued. 

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

California Sen Adam Schiff changes tune on DOJ, reams increasingly ‘Orwellian’ leadership

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Sen. Adam Schiff, once a staunch defender of the Justice Department’s independence, now warns it has become an ‘Orwellian’ tool for President Donald Trump and ripe for political abuse.

The California Democrat and former U.S. prosecutor, who served four House terms before his election to the Senate last fall, has long been an outspoken Trump foe, using his former posts as chair of the House Oversight Committee and impeachment probes to urge a more independent-minded Justice Department. 

"The rule of law is a core foundation of our nation," Schiff previously told Time Magazine during Trump's first term in office. "No one, not even the president, is above it."

Schiff once served as a federal prosecutor at the Justice Department, where he helped successfully convict an ex-FBI agent on charges of spying for the Soviet Union. Throughout his later service in the House, he repeatedly defended the Justice Department as independent-minded and asserted that its career officials operate above the political fray. 

TRUMP ASKS SUPREME COURT TO REVIEW BAN ON BIRTHRIGHT CITIZENSHIP

He also chided his Republican colleagues who, in his view, too harshly criticized the agency, warning them that doing so could lead to an erosion of trust.

Fewer than four years later, however, Schiff is singing a different tune. 

Now in the Senate, the California Democrat is one of the most vocal critics, sounding the alarm about Trump's efforts to reform the Justice Department to his liking. 

On Monday, he pushed back against Trump's claim that he and other members of the House committee tasked with investigating the Jan. 6, 2021, U.S. Capitol riot could be subject to "investigation at the highest level," as the president threatened in a Truth Social post.

"The members of the Jan 6 Committee are all proud of our work," Schiff wrote on X, in response to Trump's remarks. "Your threats will not intimidate us. Or silence us."

Earlier this month, Schiff took aim at the current leadership of the Justice Department in a blistering floor speech, noting that the DOJ’s three most senior officials, U.S. Attorney General Pam Bondi, Deputy Attorney General Todd Blanche and John Sauer, all formerly represented Trump in criminal court proceedings. 

By so frequently claiming the Justice Department has been improperly "weaponized" against him, Schiff said, Trump has arguably given his officials a green light, "in Orwellian fashion, to do what they have accused others of doing," which is "to weaponize the department. … To use the department as a sword and as a shield."

WHITE HOUSE PRESS SECRETARY DEFENDS TRUMP'S FIRING OF INSPECTORS GENERAL

Schiff also blasted the Supreme Court decision last August that expanded the view of presidential immunity – a ruling, he said, that "has turbocharged the ability to weaponize the Department of Justice by a president who wishes to use it for that purpose."

Last month, Schiff joined other Democrats on the panel in urging the administration to turn over information that prompted their decision to remove or reassign dozens of career Justice Department officials and FBI personnel. 

Lawmakers also cited concerns about a sprawling questionnaire sent by Justice Department officials to thousands of FBI agents and supervisors in January asking detailed questions about their roles in the Jan. 6, 2021, U.S. Capitol riot investigation.

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

That questionnaire is also the subject of a lawsuit filed this year by current and former FBI agents, who are seeking to head off any retaliation or discriminatory action against personnel involved in the Jan. 6 probe. A judge is expected to hear from both parties in court later this month.

Most recently, Trump attempted to strip security clearances and access to federal government buildings for all Perkins Coie employees, a law firm he sees as opposed to his political agenda, prompting a federal judge to step in and block the order.

 "An American President is not a king – not even an 'elected' one – and his power to remove federal officers and honest civil servants like plaintiff is not absolute," U.S. District Court Judge Beryl Howell wrote in a court order this month that blocked one of Trump’s executive orders from taking force.

Schiff, for his part, appears to share that view.

"There could be no more frontal assault on the post-Watergate policy of having some division between the White House and the Justice Department than the Supreme Court of the United States saying, ‘Break down that wall. Use the department any way you wish. Create cases where there’s no evidence. Dismiss cases where there’s plenty of evidence. And you will never face accountability. No matter how corrupt a motive,'" Schiff said this month. 

Reached for comment about his evolving views on the Justice Department, Schiff's office pointed Fox News Digital to his previous remarks, including a February interview on MSNBC’s "The Last Word with Lawrence O’Donnell." Asked about his claims that Trump has weaponized the Justice Department – and the severity of the issue – Schiff responded, "We’ve had a debate about what level of constitutional crisis we’re in, and frankly, I think we’re already there."

SCOOP: Impeachment articles hit judge who ordered Trump to stop Tren de Aragua deportation flights

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FIRST ON FOX: A House GOP lawmaker has filed impeachment articles against the federal judge who ordered the Trump administration to stop deportation flights being conducted under the Alien Enemies Act.

"For the past several weeks, we've seen several rogue activist judges try to impede the president from exercising, not only the mandate voters gave him, but his democratic and constitutional authority to keep the American people safe," Rep. Brandon Gill, R-Texas, told Fox News Digital. "This is another example of a rogue judge overstepping his…authority."

Gill's resolution, first obtained by Fox News Digital, accused U.S. District Court Judge James Boasberg of abusing his power in levying an emergency pause on the Trump administration's plans to deport illegal immigrants under a wartime authority first issued in 1798, which President Donald Trump recently invoked to get members of the criminal Venezuelan gang Tren de Aragua out of the U.S.

"Chief Judge Boasberg required President Trump to turn around planes midair that had aliens associated with Tren De Aragua, a designated Foreign Terrorist Organization," the resolution said. "This conduct jeopardizes the safety of the nation, represents an abuse of judicial power, and is detrimental to the orderly functioning of the judiciary. Using the powers of his office, Chief Judge Boasberg has attempted to seize power from the Executive Branch and interfere with the will of the American people."

TRUMP ASKS SUPREME COURT TO REVIEW BAN ON BIRTHRIGHT CITIZENSHIP

In a brief interview with Fox News Digital shortly before filing his resolution, Gill suggested he wanted the matter to go through the House in traditional form – which would first put the resolution in front of the House Judiciary Committee, where Gill is a member.

"I'll be talking to [Chairman Jim Jordan, R-Ohio] about it," Gill said. "I think the best way to do this…is to go through the judiciary committee, which is where impeachment of judges runs through. I think the more we can stick with that plan, the better."

A legal firestorm is brewing after Boasberg verbally issued a 14-day restraining order Saturday night to immediately halt the Trump administration's Tren De Aragua deportation plan. It comes in response to human rights groups arguing that Venezuelan nationals with legitimate asylum claims are in danger of being swept up in the deportations, despite having no known connection to the notorious gang.

The Texas Republican, who is class president for first-term members in the 119th Congress, first threatened to file impeachment articles against Boasberg on Sunday. Trump backed the move on Tuesday morning in a fiery post on his Truth Social account.

Trump called him a "Radical Left Lunatic of a Judge, a troublemaker and agitator," adding, "HE DIDN’T WIN ANYTHING! I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY."

"I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!!" Trump wrote.

Gill accused Boasberg of knowingly "tying the president's hands so that Trump and his team, instead of executing on the mandate the voters gave him, are litigating every single action that the president is taking."  

He said it was "unconstitutional" and a "usurpation of executive authority."

The Trump administration has pointed out that the judge's written order was issued after two planes carrying alleged gang members were already in the air, arguing it was too late to turn the planes around at that point. A third plane that took off after the first two was not carrying any Alien Enemies Act deportees, the administration said. 

"All of the planes that were subject to the written order, the judge's written order, took off before the order was entered in the courtroom on Saturday," White House press secretary Karoline Leavitt said Monday. She said the administration did not run afoul of any court order.

However, Boasberg pushed back in a court hearing later that day, according to The Associated Press, saying at one point to the Trump administration's lawyer, "I’m just asking how you think my equitable powers do not attach to a plane that has departed the U.S., even if it’s in international airspace."

RUBIO HEADS TO PANAMA, LATIN AMERICA TO PURSUE TRUMP'S 'GOLDEN AGE' AGENDA

The standoff could make it all the way to the Supreme Court and could have seismic repercussions on the bounds of lower-level federal judges' authority.

Gill's move also comes after similar threats by other Trump allies in the House. Reps. Eli Crane, R-Ariz., Derrick Van Orden, R-Wis., and Andrew Clyde, R-Ga., have all vowed to file impeachment articles against U.S. District Judge Paul Engelmayer for blocking Department of Government Efficiency efforts.

The court declined to comment when reached by Fox News Digital on Gill's resolution.

Trump calls for judge in deportation legal battle to be impeached

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President Donald Trump called for the impeachment of a judge in a Truth Social post on Tuesday, apparently referring to U.S. District Judge James E. Boasberg who recently sought to block deportation flights to El Salvador.

"This Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President - He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING! I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY," Trump declared in the post.

"I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!" the president added.

This is a breaking news story. Check back for updates.

Fox News Politics Newsletter: Collins vs. ‘Fake News’

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Welcome to the Fox News Politics newsletter, with the latest updates on the Trump administration, Capitol Hill and more Fox News politics content.

Here's what's happening…

-Americans want smaller government but new polls show whether they like how DOGE is doing it

-DHS' Kristi Noem says Trump admin will resume construction of seven miles of southern border wall

-Five years after COVID, there's a bipartisan push to fund doctors' mental health amid rising suicides

Veterans Affairs (VA) Secretary Doug Collins clapped back at critics he accused of circulating "fake news" about the Trump administration’s Department of Government Efficiency (DOGE) cuts inordinately affecting veterans’ care.

Collins, who remains an active colonel in the U.S. Air Force Reserves, announced his agency is opening what will be a fourth new VA clinic in the few months he has been in office.

"As government union bosses, the legacy media and some in Congress have been spreading false rumors of health care and benefits cuts at VA, we’ve opened multiple brand-new clinics that will serve tens of thousands of veterans," Collins said in a statement…Read more

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'NOT COMPLIANT': VA rescinds 2018 memo on transgender treatments, aligning with Trump 'two sexes' EO

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DEI CRACKDOWN: University of Wisconsin-Madison's ex-diversity officer scrutinized over spending, judgment amid DEI crackdown

'CONSTITUTIONAL CRISIS': Judge who ordered deportations flights of Venezuelan gang members be returned faces calls for impeachment

Get the latest updates on the Trump administration and Congress, exclusive interviews and more on FoxNews.com.

Judge who ordered deportation flights of Venezuelan gang members be returned faces calls for impeachment

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After Obama-appointed Judge James Boasberg issued an order Saturday halting President Donald Trump's rapid deportation of Venezuelan gang members, Texas GOP Rep. Brandon Gill swiftly announced plans to file articles of impeachment in an effort to remove him.

Gill made the announcement on X, formerly Twitter, on Saturday, noting he would be filing the motion this week. In a subsequent tweet from Elon Musk, the entrepreneur turned Trump advisor responded simply, "Necessary."

"The very worst judges – those who repeatedly flout the law – should at least be put to an impeachment vote, whether that vote succeeds or not," Musk followed up in a separate post on X Monday. 

TOM HOMAN CALLS OUT ‘RADICAL’ JUDGE FOR ‘DEFYING LOGIC’ WITH RULING TO STALL TRUMP DEPORTATIONS

Republicans have been piling on Boasberg after he issued a 14-day restraining order halting the Trump administration from deporting violent Venezuelan gang members who entered the U.S. illegally, via powers laid out in the centuries-old Alien Enemies Act. 

Last used during World War II, the Alien Enemies Act was implemented in advance of a potential war with the French at the time, due to fears that immigrants would sympathize with France. The law provides the president broad powers to imprison or deport noncitizens during a time of war.  

"Another day, another judge unilaterally deciding policy for the whole country. This time to benefit foreign gang members," Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, posted on X. "If the Supreme Court or Congress doesn’t fix, we’re headed towards a constitutional crisis. Senate Judiciary Cmte taking action."

TRUMP THANKS EL SALVADOR FOR TAKING IN ALLEGED GANG MEMBERS DEPORTED FROM US: ‘WE WILL NOT FORGET’

Boasberg's ruling came in response to a suit filed by the American Civil Liberties Union (ACLU) and left-wing legal advocacy group Democracy Forward. The lawsuit alleged that Trump's intent to use his "wartime authority" to deport dangerous illegal immigrants was unlawful, since the U.S. is not in the midst of a "declared war."

The lawsuit followed a proclamation signed by Trump on Saturday, which alleged that violent gang members belonging to the Venezuelan-based Tren de Aragua (TdA) gang were "conducting irregular warfare and undertaking hostile actions against the United States." Last month, Trump moved to designate a slew of Mexican drug cartels, including TdA, as "Foreign Terrorist Organizations (FTOs)."

Fox News Digital reached out to Gill to glean more exact details about when he plans to introduce articles of impeachment against Boasberg, but did not hear back in time for publication of this story. 

SCOOP: Trump crafts plan to cut spending without Congress after shutdown is averted

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FIRST ON FOX: The White House has already started mapping out how to make good on its promise to slash federal spending in preparation for a six-month government funding bill to pass through Congress.

Two people familiar with the conversations told Fox News Digital that President Donald Trump and Office of Management and Budget (OMB) Director Russell Vought are working on a strategy for impounding federal funds that Congress is expected to allocate this week, before the partial government shutdown deadline on March 14.

Trump and his allies have made no secret of their belief that the Impoundment Control Act of 1974 is unconstitutionally constraining the powers of the president. But the new development is a significant step toward a likely legal showdown as Democrats warn they will respond if Trump tries to bypass Congress on federal spending.

The fight could go all the way up to the Supreme Court.

CANADA EXPLOITING 'LOOPHOLE' HURTING US DAIRY FARMERS AMID TRUMP TARIFFS, SENATORS SAY

It comes as Senate Republicans and Democrats are at an impasse over a Trump-backed government funding bill known as a continuing resolution (CR). The Senate GOP needs as many as eight Democrats to cross the aisle and vote for the bill, which the left has widely panned as an avenue to let Trump and Elon Musk dismantle the federal bureaucracy.

The measure is a rough extension of fiscal year (FY) 2024 funding levels, meant to carry the government through the beginning of FY 2026 on Oct. 1. 

It's the third such extension since the beginning of FY 2024, but the first to take place under a fully GOP-controlled Washington. 

Republicans have said it would give them more time to cobble together conservative spending bills for FY 2026, and have celebrated the CR essentially freezing government spending for a year.

Trump and House GOP leaders worked overtime convincing holdouts to vote for the CR this week, as some conservatives balked at the idea of extending Biden administration-era funding.

DEMOCRATS PRIVATELY REBUKE PARTY MEMBERS WHO JEERED TRUMP DURING SPEECH TO CONGRESS: REPORT

But the promise of Trump using Congress' funding allocations as a ceiling and not a floor ultimately played a big part in convincing conservatives.

"We appropriate, that’s an important principle. But then the chief executive can make decisions below that spending level. The chief executive can say, ‘Hey this isn't the best use of money,'" Rep. Chip Roy, R-Texas, told Fox News Digital in an interview this week.

Roy has been a key figure in government spending talks, acting as a liaison between conservative fiscal hawks and leaders in the House and White House.

He and Rep. Ralph Norman, R-S.C., both agreed with Vought and Trump that the Impoundment Control Act – which was passed in response to Congress at the time believing President Richard Nixon was holding back lawful funding because he disagreed with it personally – was unconstitutional.

"The chief executive can say, ‘I don't have to buy a $500 hammer, I can buy a $100 hammer. I don't have to buy a $100 million carrier, I could buy $50 million carrier,' or whatever. He's the executive. So if that money is then spent properly to carry out the functions of government, why should you have to spend every dollar of it, right? It’s literally unconstitutional," Roy said.

Roy said he believed the same authority would apply to a Democratic president.

"By the way, I realize this means that would be true for Joe Biden or that would be true for some future Democrat, and I'm OK with that. There's always going to be some debate," Roy said. "There's going to be some contours the courts would give us. Congress might step in and clarify the law, and that might be deemed constitutional… but to blanket to say the president can’t impound, I think is facially unconstitutional."

Norman told Fox News Digital, "The 1974 impoundment act was against Richard Nixon. It’s a different day now."

He also said Trump and Vought were "going to move forward" on impoundment.

"He’s got the constitutional right to do it, so he’s going to push on with it, and thinks the courts will ultimately side with him," Norman said. "I can't get in Trump’s mind, but I know he’s hell-bent on interpreting the Constitution as his right to use impoundment."

TOP CONSERVATIVE GROUP VOWS TO WORK CLOSELY WITH PRESIDENT AFTER PAST CLASHES WITH TRUMP

Rep. Dan Goldman, D-N.Y., who served as House Democrats' lead counsel during Trump's first impeachment, told Fox News Digital the move would be patently unconstitutional.

"It is illegal for the president to act unilaterally and either rescind or change congressionally designated funds," Goldman said.

In the event of likely court challenges – which Goldman pointed out were already going on with Trump moving to cut various programs – House Democrats would likely move to help, he said.

"We can file an amicus brief, and we likely would do that on such a critical issue of congressional power," he said.

At the same time, both Roy and Norman signaled Trump's congressional allies were discussing rescission as another avenue to spend less than the CR allocates.

The Impoundment Control Act provided a mechanism for the legislative and executive branches to enact spending cuts via specific rescissions. Such a bill would only require 51 votes in the Senate rather than the standard 60-vote threshold for passage, meaning Democrats in theory would not be needed.

"I think that they are concurrent plans, and we will use all of those tools at the appropriate time, but I say that as an observer from Congress," Roy said, noting he had no insight into White House discussions on impoundment.

Norman said Musk's Department of Government Efficiency (DOGE) will play a role in identifying where the funds could be found.

"There’s going to be a lot of things in it. What DOGE has done is identify, but now if he’s just going to identify and we don’t move forward on rescission – it’s gotta have some effect," he said.

It's not immediately clear if such conversations have reached House GOP leadership, however. Norman said they were "just beginning."

But lawmakers have been toying with the idea of Trump pursuing spending cuts after the CR is passed for days.

Vice President JD Vance huddled with House Republicans behind closed doors earlier this week, making an 11th hour plea for unity on the looming CR vote.

Among his pitches, people told Fox News Digital at the time, was the need to keep the government open to allow DOGE to do its work.

"We will have much more flexibility for DOGE cuts once we've had more time to identify and quantify them," one House Republican said of Vance's message.

There's also the matter of whether to repeal the Impoundment Control Act – Rep. Andrew Clyde, R-Ga., introduced a bill to do so earlier this year, and it's gathered a significant number of Republican co-sponsors.

But a senior House Republican told Fox News Digital that while it was "on the table," it's not likely that the Senate's 53 Republicans will get enough help from Democrats to reach 60 votes.

Fox News Digital reached out to the White House and OMB for comment, but did not receive a response by press time.

Federal judge appointed by Trump quits group over statement on threats

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A federal judge appointed by President Donald Trump in 2018 announced that he had resigned from the largest association of federal judges, decrying how the group issued a rare statement last week condemning recent alleged threats against judges but stayed quiet for years while conservative members of the judiciary faced scrutiny and attack. 

Judge James C. Ho, of the New Orleans-based U.S. Court of Appeals for the Fifth Circuit, announced his departure from the Federal Judges Association during a speaking event Saturday hosted by the conservative Federalist Society at the University of Michigan Law School. It comes in response to the 1,100-member group issuing a statement on March 5 saying in part that "judges must be permitted to do their jobs without fear of violence or intimidation of any kind." Trump and his allies have grown increasingly critical of judges who have blocked the Department of Government Efficiency (DOGE) and other aspects of the administration's agenda, while DOGE leader Elon Musk last month called for an "immediate wave of judicial impeachments." 

"I was very surprised by that statement. And the next morning, I sent an email to the organization saying that I wanted to resign," Ho said of the Federal Judges Association. "I researched for myself, and I also asked the association if they ever issued any such statements when Justice Thomas received attacks, or Justice Alito. Justice Kavanaugh dealt with an assassination attempt. We’ve had federal district judges in Texas and in Florida – as well as, I’m sure, other states, but those are the ones that come to mind immediately – all faced the kinds of things that that statement was complaining about and more. Did we see these statements in 2024 or 2023 or 2022? From what I can tell, no." 

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"You can’t say that you’re in favor of judicial independence only when it comes to decisions that you like. That’s not protecting the judiciary, that’s politicizing the judiciary," Ho said, arguing that such statements actually harm the cause they try to further. "Because one of two things turns out to be true when you’re selective in this way. And either of these options, I think, is a bad thing. Option number one is that you’re basically lying, that you actually don’t care about this principle because you didn’t stand up for it when the shoe was on the other foot, and so you’re telling the world essentially we’re not seriously committed to judicial independence." 

"The alternative is perhaps even worse, which is that you are telling the truth – you do care about this, this principle, whether it’s judicial independence or free speech. I think this concept applies to a lot of things," Ho continued. "If you’re telling the truth, you really care about this principle, but there are just some people who have views that are so anathema to you that you don’t think they are worthy of this principle that you expound on." 

"And so what you may think is a statement born of righteousness I think is perceived by a lot of people as merely sanctimonious," he concluded. 

Fox News Digital reached out to the Federal Judges Association for comment, but they did not immediately respond.

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The president of the Federal Judges Association, U.S. Circuit Judge J. Michelle Childs, who was appointed by former President Joe Biden, wrote in an email to members last week that the "judiciary faces growing threats, including violence, intimidation, disinformation, and unprecedented impeachments that challenge its independence," according to Reuters. 

The Federal Judges Association then released a lengthier public statement the next day that did not elaborate on specific threats against specific judges. 

It began by saying that "recent events are a clear and urgent reminder that federal judges play a crucial role in upholding our democracy as guardians of the rule of law." 

"In the history of our Republic, there has always been tension between the three separate and equal branches of the federal government, including criticism of judicial interpretations. The FJA strives to ensure that accurate information is shared with all American citizens regarding the role of the judiciary as defined in the U.S. Constitution: to impartially interpret the laws that have been created by the U.S. Congress and enforced by the Executive branch," the group said. "Specific decisions issued by judges are not formed from individual opinions, but rather are prepared against evaluation of what the ‘laws on the books’ require." 

The group commended those, including Supreme Court Chief Justice John Roberts, "who have commented recently on the rise in criticism, threats and violence aimed at members of the judiciary."

"Irresponsible rhetoric shrouded in disinformation undermines the public’s confidence that our justice system can fulfill its constitutional duties," the statement said. "The security of federal judges and all those serving in the judicial branch of our government is fundamental to their ability to uphold the rule of law, and to fulfill their constitutional duty without fear or undue influence. Any erosion in the independence of the judiciary is a threat to our Constitution and to democratic rule of law. Ensuring judicial security is not just about protecting individuals, it is about preserving the integrity of our legal system and the public’s trust in an impartial judiciary." 

SCOOP: Freedom Caucus threatens to force vote on Al Green measure if Johnson doesn’t act

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FIRST ON FOX: The House Freedom Caucus could force a vote on a bill to strip Rep. Al Green, D-Texas, of his committee assignments if Speaker Mike Johnson, R-La., does not announce a punishment for the Democrat that conservatives see as sufficient.

"He will see what he deems appropriate, and then if that's adequate, that's fine," House Freedom Caucus Chair Andy Harris, D-Md., told Fox News Digital. "If not, then we likely will file our privileged resolution to strip him of his committees."

Freedom Caucus members told Fox News Digital that the group was in touch with Johnson's office about the issue.

The conservative caucus threatened to file a resolution to remove Green from all committees last week after his disruption during President Donald Trump's speech to Congress. 

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The protest got the Texas Democrat thrown out of the House chamber minutes after the address began.

"We're gonna ask what Mike Johnson wants to do moving forward. We talked about a lot of things, but different people had different thoughts. But I guess what weighed on our minds is, he said he's going to do it again," Rep. Ralph Norman, R-S.C., told Fox News Digital. "My one thing, that kind of action needs consequences."

Rep. Andrew Clyde, R-Ga., said, "There's all sorts of options, and I don't think any of them have been decided upon yet."

Green was censured in a 224 to 198 vote on Thursday morning after repeatedly disrupting the beginning of Trump's primetime speech.

He shouted, "You have no mandate to cut Medicaid!" at Trump and shook his cane in the air as the president touted Republican victories in the House, Senate and White House. Speaker Mike Johnson, R-La., after giving a warning, had Green removed from the chamber

The 77-year-old Democrat was unrepentant, posting on X on Thursday afternoon, "Today, the House GOP censured me for speaking out for the American people against [Trump's] plan to cut Medicaid. I accept the consequences of my actions, but I refuse to stay silent in the face of injustice."

But members of the House Freedom Caucus want to go further, floating everything from fining Green to making good on their resolution threat.

Rep. Eric Burlison, R-Mo., told Fox News Digital he didn't want to give the Green issue "any more oxygen" but suggested a suitable punishment would be stripping the Texas lawmaker of any seniority privileges. 

"No seniority on offices, no seniority on parking spots, on committees – all of that," Burlison described.

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Meanwhile, Green's House Democratic allies briefly plunged the House floor into chaos after the censure vote. They crowded Green as he stood ready for Johnson to read out the censure, another formal part of the process, and sang "We shall overcome."

Johnson was forced to pause House floor proceedings after trying and failing multiple times to call the Democrats to order.,

Rep. Andy Ogles, R-Tenn., another Freedom Caucus member, filed a resolution in response to strip all the offending Democrats from their committees.

Harris and Clyde signaled the current discussions with leadership were focused on Green alone, however.

"No one [else] waved a cane at the president and didn't accept…having a censure resolution read without interruption," Harris said.

Clyde added, "And nobody else had to be thrown out."

Johnson, for his part, confirmed in an interview on Fox News on Friday that he was in talks with the House Freedom Caucus on a punishment for Green.

"I talked to Freedom Caucus members and other Republicans who are deeply concerned about this," Johnson told "Outnumbered." "They say we have to restore control one way or the other and there need to be real consequences, and it's something that we'll be looking at early next week."

Green currently serves on the House Financial Services Committee, where he is the top Democrat on the subcommittee for oversight.

Fox News Digital reached out to representatives for Johnson and Green for comment but did not immediately hear back.