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LGBT activists mobilize to challenge Trump's 'extreme gender ideology' executive orders

1 February 2025 at 09:00

LGBT activists and groups are already mobilizing to block gender-related executive orders President Donald Trump signed since taking office to fulfill one of his key campaign promises to crack down on "gender ideology extremism." And more legal challenges are expected in the coming weeks.

The executive orders, signed in late January, include a reinstatement of the ban on transgender troops in the military, a ban on federal funding for sex changes for minors and a directive requiring federal agencies to recognize only "two sexes," male and female, in official standard of conduct.

"This ban betrays fundamental American values of equal opportunity and judging people on their merit," Jennifer Levi, director of Transgender and Queer Rights at GLBTQ Legal Advocates & Defenders (GLAD Law), said in a statement about the trans military ban. 

"It slams the door on qualified patriots who meet every standard and want nothing more than to serve their country, simply to appease a political agenda."

TRUMP SIGNS EXECUTIVE ORDERS BANNING 'RADICAL GENDER IDEOLOGY,' DEI INITIATIVES IN THE MILITARY

GLAD Law and the National Center for Lesbian Rights (NCLR), were among the first groups to file a federal lawsuit against the Trump administration for its military ban. The lawsuit, Talbott v. Trump, was brought forward on equal protection grounds by six active-duty service members and two individuals attempting to enlist, according to the groups' announcement.

The plaintiffs include a Sailor of the Year honoree, a Bronze Star recipient and several who were awarded meritorious service medals. They were identified as U.S. Army Reservist Lt. Nicolas Talbott, Army Maj. Erica Vandal, Army Sgt. First Class Kate Cole, Army Capt. Gordon Herrero, Navy Ensign Dany Danridge, Air Force Master Sgt. Jamie Hash, Koda Nature and Cael Neary. The latter two are civilians who are seeking to enlist in the military.

DEFENSE SECRETARY PETE HEGSETH SAYS 'NO MORE DEI AT DEPARTMENT OF DEFENSE': 'NO EXCEPTIONS'

Another lawsuit, filed by a transgender inmate receiving taxpayer-funded medical treatments, is challenging Trump's executive order that ends medical transgender treatments – such as hormones, sex changes and grooming accommodations – for federal prisoners.

The unnamed inmate, who goes by "Maria Moe" in court documents and is represented by GLAD Law, NCLR and Lowenstein Sandler LLP, is claiming Trump and the Bureau of Prisons are violating the Fifth and Eighth amendments and claims to be "at imminent risk of losing access to the medical care she needs to treat her gender dysphoria."

U.S. District Judge George O’Toole in Boston temporarily blocked BOP officials from transferring "Maria Moe" to a men's prison, according to a ruling released by the inmate's attorney Thursday. The temporary restraining order was issued Sunday, the same day the suit was filed.

Prison officials are expected to keep the inmate in the women's prison general population and maintain her transgender medical treatments, NBC first reported. 

CRACKING DOWN ON TRANS TROOPS: TRUMP ORDER NIXES PREFERRED PRONOUNS, RESTRICTS FACILITY USE

Multiple lawsuits have been filed against Trump's other executive orders, too, especially Trump's immigration-related policies. More are expected in the coming weeks. 

A memo released Wednesday by the U.S. Office of Personnel Management provided guidance on directing federal agencies to acknowledge that women are biologically female and men are biologically male, Reuters reported. Trump said last week federal funds would not be used to promote "gender ideology." 

Fox News Digital reached out to the White House for comment on the litigation but did not hear back before publication.

Fox News Digital's Louis Casiano contributed to this report. 

Trump's 'two sexes' executive order comes on heels of SCOTUS accepting another challenge to LGBT agenda

25 January 2025 at 09:00

In his first week in office, President Donald Trump has charged ahead with a series of executive actions, fulfilling a key campaign promise to challenge "gender ideology" in American institutions and promote "biological truth" rooted in "fundamental and incontrovertible reality." 

Meanwhile, the Supreme Court is poised to rule on two significant gender-related cases this year, and Trump's new executive action could spell further controversy in the higher court.

Last week, SCOTUS agreed to hear Mahmoud v. Taylor, which would determine whether schools can force teachers to read LGBTQ books to elementary-age children despite parental objections. At issue is whether parents will have the right to opt their children out of such instructions.

"If the Supreme Court's doing its job, it shouldn't impact [the case decisions] at all," Heritage Foundation senior legal fellow Sarah Marshall Perry told Fox News Digital in an interview. "What Trump's executive order was is a statement of really what the policies are going to be for the executives going forward into the new administration. And he did exactly what [former President Joe] Biden did with his executive order expanding sex to include gender identity."

TRUMP SIGNS DOZENS OF EXECUTIVE ORDERS, FULFILLING MANY BUT NOT ALL CAMPAIGN PROMISES

Perry noted the separation of powers between the executive and judiciary branches, adding that while the executive is mostly a political entity, the judiciary is non-political. 

SCOTUS will be obligated to focus solely on the facts presented in the cases before them, she said, which "will include questions relative to the parameters of the parental rights guidance on school curriculums and exactly what constitutes curriculum for purposes of opt-out, whether gender medicine and age and medical-based restrictions that happen to impact individuals who are transgender is a violation of the Equal Protection Clause." 

She also pointed out that the executive order should not influence the Supreme Court's decision-making, adding, "The executive order should have absolutely no bearing on what the Supreme Court decides going forward."

PRO-LIFE ACTIVIST PROSECUTED BY BIDEN DOJ REACTS TO TRUMP PARDON: 'I WANT TO GIVE HIM A HUG'

In another case that already had their oral arguments heard last year, Skrmetti v. U.S., the higher court is weighing whether the equal protection clause, which guarantees equal treatment under the law for individuals in similar circumstances, prevents states from banning medical providers from offering puberty blockers and hormone treatments to children seeking transgender surgical procedures. 

The Biden administration joined the lawsuit by filing a petition to the Supreme Court in November 2023.

"I think the American people are gratified that they've got a president who is common sensical, who recognizes biological reality, who recognizes the text of civil rights law and the rule of law itself, and now they're going to say we have someone who was willing to stand in the gap for us, including through the Department of Justice, if the cases get all the way to the Supreme Court," Perry said. "But parents should, and I think will, be involved to be able to bring more legal challenges."

PRO-LIFE PROTESTERS PARDONED BY TRUMP, FOX CONFIRMS

"I think this election really sort of rises to shift, not just politically, but for many people philosophically as well, because we recognize that America was sort of pulled back from the perilous brink on even understanding what it meant to be male and female, even understanding what it meant to live amicably in a pluralistic society," Perry said. "We are now, I think, thankfully, seeing a rebirth of those long-standing beneficial ideas."

Trump's executive order, signed on Inauguration Day and titled, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," declares that the U.S. will recognize only two sexes — male and female — based on immutable biological characteristics. 

It prohibits the use of gender identity in legal and administrative contexts, mandates that federal agencies, including those overseeing housing, prisons, and education, adhere to this definition when enforcing laws and issuing regulations. The order directs changes to government-issued identification documents, bans the promotion of "gender ideology" in federal programs, rescinds previous executive actions that promoted gender identity inclusion and instructs federal agencies to eliminate guidance or regulations that conflict with the new policy.

Trump's executive order reverses the Biden administration's executive order titled "Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation," signed in 2021, which directed federal agencies to interpret and enforce civil rights laws to prohibit discrimination based on gender identity and sexual orientation.

DOJ requests order barring commuted J6 defendants from DC be lifted

24 January 2025 at 11:18

The Justice Department filed a motion Friday asking to lift the order imposed on commuted Jan. 6 defendants barring them from entering Washington, D.C., and the Capitol building. The order was issued by a federal district judge earlier in the day. 

In that order, Judge Amit P. Mehta specified it applied to "Defendants Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moerchel, and Joseph Hacket," whose sentences were commuted. 

Those pardoned are not subject to the order.

The order states, "You must not knowingly enter the District of Columbia without first obtaining the permission from the Court," and, "You must not knowingly enter the United States Capitol Building or onto surrounding grounds known as Capitol Square."

TRUMP PARDONS FORMER DC POLICE OFFICERS CONVICTED IN DEATH OF MAN DURING DEADLY PURSUIT

The filing says the order is effective as of Friday at noon. 

Rhodes, founder of Oath Keepers, was previously seen in the Capitol complex's Longworth House office building. He was convicted of seditious conspiracy.

Acting U.S. Attorney Edward Martin filed a motion later Friday to lift all release conditions on the defendants. 

"As the terms of supervised release and probation are included in the ‘sentences’ of the defendants, the Court may not modify the terms of supervised release," the filing reads.

President Donald Trump pardoned nearly all Jan. 6 defendants earlier this week, after promising to do so at his inaugural parade.

Trump signed off on releasing more than 1,500 charged with crimes stemming from the Jan. 6, 2021, attack at the U.S. Capitol on Monday. The order required the Federal Bureau of Prisons to act immediately on receipt of the pardons.

Those pardoned in his initial order included Enrique Tarrio, the former Proud Boys chairman, who faced a sentence of 22 years in prison for seditious conspiracy.

SCHUMER BLASTS TRUMP’S J6 PARDONS AS ‘UN-AMERICAN’

Several prominent figures on the Hill came after Trump and his decision to pardon the defendants. 

Senate Minority Leader Chuck Schumer, D-N.Y., told reporters the pardons were "deeply un-American."

"There is no other way to describe President Trump's pardon of Jan. 6th defenders than un-American," Schumer said. "It is so deeply un-American to do that, to pardon. And let's be clear, President Trump didn't just pardon protesters. He pardoned individuals convicted of assaulting police officers. He pardoned individuals convicted of seditious conspiracy. And he pardoned those who attempted to undermine our democracy." 

TRUMP REVOKES SECURITY CLEARANCES OF 51 INTEL OFFICIALS WHO SIGNED DISCREDITED HUNTER BIDEN LAPTOP LETTER

Former Speaker of the House Nancy Pelosi, D-Calif., called Trump's pardon "shameful," and "a betrayal" to those police officers "who put their lives on the line to stop an attempt to subvert the peacefyl transfer of power."

"The President's actions are an outrageous insult to our justice system and the heroes who suffered physical scars and emotional trauma as they protected the Capitol, the Congress and the Constitution," Pelosi said in a statement posted to X, formerly known as Twitter.  

Fox News Digital's Diana Stancy and Jamie Joseph contributed to this report. 

Commuted Jan 6 defendants barred from DC, Capitol building by federal judge

24 January 2025 at 11:18

A federal district judge issued an order Friday barring certain Jan. 6 defendants with commutations from entering Washington, D.C., or the U.S. Capitol building. 

In the filing, Judge Amit P. Mehta specified the order applied to "Defendants Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moerchel, and Joseph Hacket," whose sentences were commuted. 

Those pardoned are not subject to the order.

The order states "You must not knowingly enter the District of Columbia without first obtaining the permission from the Court" and "You must not knowingly enter the United States Capitol Building or onto surrounding grounds known as Capitol Square."

TRUMP PARDONS FORMER DC POLICE OFFICERS CONVICTED IN DEATH OF MAN DURING DEADLY PURSUIT

The filing says the order is effective as of Friday at noon. 

Rhodes, founder of Oath Keepers, was previously seen in the Capitol complex's Longworth House office building. He was convicted of seditious conspiracy.

President Donald Trump pardoned nearly all Jan. 6 defendants earlier this week, after promising to do so at his inaugural parade.

Trump signed off on releasing more than 1,500 charged with crimes stemming from the Jan. 6, 2021, attack at the U.S. Capitol on Monday. The order required the Federal Bureau of Prisons to act immediately on receipt of the pardons.

Those pardoned in his initial order included Enrique Tarrio, the former Proud Boys chairman, who faced a sentence of 22 years in prison for seditious conspiracy.

SCHUMER BLASTS TRUMP’S J6 PARDONS AS ‘UN-AMERICAN’

Several prominent figures on the Hill came after Trump and his decision to pardon the defendants. 

Senate Minority Leader Chuck Schumer, D-N.Y., told reporters the pardons were "deeply un-American."

"There is no other way to describe President Trump's pardon of Jan. 6th defenders than un-American," Schumer said. "It is so deeply un-American to do that, to pardon. And let's be clear, President Trump didn't just pardon protesters. He pardoned individuals convicted of assaulting police officers. He pardoned individuals convicted of seditious conspiracy. And he pardoned those who attempted to undermine our democracy." 

TRUMP REVOKES SECURITY CLEARANCES OF 51 INTEL OFFICIALS WHO SIGNED DISCREDITED HUNTER BIDEN LAPTOP LETTER

Former Speaker of the House Nancy Pelosi, D-Calif., called Trump's pardon "shameful," and "a betrayal" to those police officers "who put their lives on the line to stop an attempt to subvert the peacefyl transfer of power."

"The President's actions are an outrageous insult to our justice system and the heroes who suffered physical scars and emotional trauma as they protected the Capitol, the Congress and the Constitution," Pelosi said in a statement posted to X, formerly known as Twitter.  

Fox News Digital's Diana Stancy and Jamie Joseph contributed to this report. 

Appeals court deals blow to Obama-era amnesty for Dreamers

18 January 2025 at 08:53

A federal appeals court on Friday ruled against an Obama-era policy that provides amnesty and a pathway to citizenship for illegal immigrants who entered the U.S. as children.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled unanimously that a new version of the policy issued by President Biden in 2022 overstepped the executive branch's authority. The decision by two Republican-appointed judges and one Democratic-appointed judge is the latest blow to the Deferred Action for Childhood Arrivals program in a string of legal challenges that has kept 500,000 so-called Dreamers waiting for a resolution for more than a decade.

The decision Friday does not immediately change the status quo. Program beneficiaries can still renew temporary permits to live and work in the United States without fear of deportation. But the federal government remains prohibited from issuing new applications.

However, Friday's decision does create an opportunity for DACA to be appealed to the Supreme Court for a third time. And it comes just three days before President-elect Trump assumes office with his promise to begin mass deportations of illegal immigrants.

TRUMP ADMINISTRATION PLANNING ILLEGAL IMMIGRANT ARRESTS THROUGHOUT US ON ‘DAY ONE’

In his first term, Trump attempted to end DACA, but he also made statements expressing his desire for Dreamers to be permitted to stay in the U.S.

Obama introduced DACA in 2012, citing inaction by Congress on legislation aimed at giving those brought to the U.S. as children a path to legal status. Legal battles followed, including two trips to the Supreme Court.

DEM SENATOR QUIZZES NOEM ON HOW SHE WILL WORK WITH HOMAN: ‘WHO IS IN CHARGE?’

Biden's 2022 update to the policy did not change much substantively, but it was subject to public comment as part of a formal rule-making process intended to improve its chances of surviving in court.

Texas Attorney General Ken Paton, who led the challenge on behalf of Republican-led states, called Friday's ruling "a major victory." 

TRUMP DHS PICK NOEM PLEDGES TO END CONTROVERSIAL APP USED BY MIGRANTS ON ‘DAY ONE’

"I look forward to working with President-elect Donald Trump to ensure that the rule of law is restored, and the illegal immigration crisis is finally stopped," Paxton said.

The Department of Homeland Security did not immediately respond to Fox News Digital's request for comment.

In 2016, with one vacancy on the Supreme Court, the justices deadlocked 4-4 over an expanded DACA and a version of the program for parents of DACA recipients, keeping in place a lower court decision for the benefits to be blocked. In 2020, the high court ruled 5-4 that the Trump administration improperly ended DACA by failing to follow federal procedures, allowing it to stay in place.

Biden appointed more federal judges than Trump did in his first term, new research shows

18 January 2025 at 08:15

President-elect Trump appointed three Supreme Court justices during his first White House term, significantly reshaping the nation's top court. But President Biden appointed more federal judges than Trump in the past four years.

According to fresh data from the Federal Judiciary Center, Biden is slated to end his tenure having installed 228 judges to U.S. district and appellate courts, including record numbers of female and minority judges to district courts across the country. 

That total was aided in part by a flurry of eleventh-hour confirmations by Senate Democrats, who scrambled to approve Biden's judicial nominees last month in the final days of the 118th Congress and while they still held a narrow majority in the chamber.

SUPREME COURT UPHOLDS LOOMING TIKTOK BAN


Trump appointed 226 federal and appellate court judges during his first White House term, just under Biden's total.

Biden also placed one justice on the Supreme Court, Ketanji Brown Jackson, the first Black woman on the nation's highest court.

Sixty percent of the judges appointed by Biden are Black, Hispanic, Asian or part of another racial or ethnic minority group, according to data compiled by the Pew Research Center, the highest percentage for any U.S. president. 

Biden's federal judge appointments, both in their diversity and scope, bear similarities to another single-term Democratic president, Jimmy Carter.

CARTER'S JUDICIAL PICKS RESHAPED THE FEDERAL BENCH ACROSS THE COUNTRY

Unlike Biden, Carter did not appoint anyone to the Supreme Court. But he appointed more than 260 federal and appellate court judges during his four years in office, including record numbers of women and minority judges, helping the courts better reflect the populations they represented. The appointments helped reshape the federal bench and paved the way for women and minorities to serve on the Supreme Court.

Most notably, Carter is credited with installing Ruth Bader Ginsburg on the U.S. Court of Appeals for the D.C. Circuit, a decision that set her up later for promotion when Democratic President Clinton tapped her for the nation's highest court in 1993.

Republicans blast 'joke' sentencing of Trump 10 days before swearing in

10 January 2025 at 10:43

Republicans slammed the sentencing of President-elect Donald Trump on Friday, calling it a "disgrace."

Trump was sentenced Friday morning in New York City to unconditional discharge. He was convicted last year of falsifying business records after a years-long investigation by Manhattan District Attorney Alvin Bragg.

LAKEN RILEY ACT OVERCOMES FILIBUSTER IN SENATE AS DEMS GIVE GOP HELPING HAND

"What a joke and a disgrace," wrote Sen. Marsha Blackburn, R-Tenn., on X. 

"This witch hunt and ruling was an insult to the American people," she added. 

House Speaker Mike Johnson, R-La., reacted in a statement, remarking, "After four years of lawfare, restoring the American people’s trust in our system of justice will be critically important, and I support President Trump’s decision to appeal this decision and put this shameful chapter in American history behind us." 

Rep. Rudy Yakym, R-Ind., sounded off on the sentencing as well, writing, "Today’s sentencing is an unfortunate reminder that Democrats will stop at nothing, including weaponizing the justice system to try and destroy President Trump. Rest assured, their efforts have and will continue to fail. America’s comeback begins in 10 days."

NEW GOP SENATOR TEARS INTO DEMS 'SEEKING TO DELAY' PETE HEGSETH DOD CONFIRMATION

Despite Trump's attempts to delay the sentencing, it went forward just 10 days before his inauguration

The incoming president attended the proceeding virtually. "After careful analysis, this court determined only lawful sentence that permits entry of judgment of conviction is an unconditional discharge," Judge Juan Merchan said. "At this time, I impose that sentence to cover all 34 counts." 

"Today’s sentencing of President Trump confirms what the American people have known all along: these trials have been pure political persecution. The American people overwhelmingly rejected the weaponized judiciary and politicized lawfare. This ends January 20th," said Rep. Jason Smith, R-Mo., on X. 

TRUMP DETAILS STRATEGY TO GET NECESSARY VOTES WITH ONE-BILL APPROACH TO BORDER, TAXES

The unconditional discharge, as Merchan sentenced Trump to, does not impose a punishment on the convicted individual. It does maintain that the conviction stands. However, it means that any relevant penalties will not be imposed. 

While Trump will not face these penalties due to the sentence, he could still run into obstacles due to his felon status as long as the conviction is upheld. 

BORDER STATE DEMOCRAT RUBEN GALLEGO BACKS GOP'S LAKEN RILEY ACT AHEAD OF SENATE VOTE

Top Trump ally Sen. Markwayne Mullin, R-Okla., responded to the news, saying, "Finally, this baseless NYC liberal activist charade is over. It’s worth a reminder: President Trump doesn’t have to do this job—he’s doing it to save America. We’re looking forward. 10 days."

Sen. Bill Hagerty, R-Tenn., slammed the conviction and sentence as "a pathetic waste of taxpayer resources that should be used on the real crimes harming New Yorkers."

Appeals court will not block partial release of special counsel Jack Smith's Trump report

9 January 2025 at 20:46

A federal appeals court rejected a bid to block the release of a portion of special counsel Jack Smith's final report detailing his investigation and prosecution of President-elect Trump's alleged 2020 election interference and alleged improper retention of classified records. 

The U.S. Court of Appeals for the 11th Circuit denied a request from Walt Nauta, an aide to Trump, and Carlos de Oliveira, the former property manager at Mar-a-Lago, who were charged with obstructing a separate federal investigation into Trump's handling of sensitive government records. 

The court left a three-day hold on DOJ’s release of the report.

JUDGE GRANTS JACK SMITH REQUEST TO DISMISS JAN. 6 CHARGES AGAINST TRUMP, APPEAL DROPPED IN FLORIDA DOCS CASE

The Justice Department said it would proceed with plans to release the first of two volumes centered on the election interference case but would make the classified documents section of the report available only to the chairmen and ranking members of the House and Senate Judiciary Committees for their private review as long as the case against Trump’s co-defendants is ongoing.

It was not immediately clear when the election interference report might be released.

The election interference case was narrowed by a Supreme Court ruling on presidential immunity, which ruled that former presidents have broad immunity from prosecution.

Following Trump's presidential victory, Smith's team abandoned both cases in November, citing Justice Department policy that prohibits federal prosecutions of sitting presidents.

TRUMP SAYS HE RESPECTS SUPREME COURT'S DECISION TO DENY HIS RESQUEST TO STOP SENTENCING, VOWS TO APPEAL

Justice Department regulations call for special counsels appointed by the attorney general to submit a confidential report at the conclusion of their investigations. It is then up to the attorney general to decide what to make public.

Attorney General Merrick Garland has made public in their entirety the reports produced by special counsels who operated under his watch, including Robert Hur’s report on President Joe Biden’s handling of classified information and John Durham’s report on the FBI’s Russian election interference investigation.

In a statement, Trump Communications Director Steven Cheung said that it was time to "put a final stop to the political weaponiziation of our Justice system."

"Deranged Jack Smith was sent packing after losing both of his Witch Hunts against President Trump. Deranged was unconstitutionally appointed and paid for, so he cannot be allowed to do anything more in perpetuation of his election-interfering hoaxes, let alone prepare an unconstitutional, one-sided, falsehood-ridden screed," he said.

"Today’s decision by the 11th Circuit keeps Judge Cannon’s injunction in place and prevents any report from being issued. It is time for Joe Biden and Merrick Garland to do the right thing and put a final stop to the political weaponization of our Justice system," Cheung said. "The American People elected President Trump with a historic and overwhelming mandate, and we look forward to uniting our country in the new Administration as President Trump makes America great again." 

Fox News' Brooke Signman and the Associated Press contributed to this report.

AG Merrick Garland intends to release Special Counsel Jack Smith report on Trump election case

8 January 2025 at 10:24

Attorney General Merrick Garland will release Special Counsel Jack Smith's report on the 2020 election interference case against President-elect Trump if a federal court clears the way, according to a court filing.

The Department of Justice told the 11th Circuit U.S. Court of Appeals on Wednesday that should an injunction be lifted, Garland intends to release Volume One of Smith's final report to Congress and the public, which covers the allegations that Trump attempted to illegally undo the results of the 2020 presidential election. 

However, Garland would not release Volume Two, which covers the classified documents case against Trump, as two defendants in that case still face criminal proceedings. Only the chairmen and ranking members of the House and Senate Judiciary Committees will be permitted to view Volume Two, and they will be prohibited from discussing the report publicly. 

"This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants' interests," Justice Department attorneys said in response to a motion to stop the report from being released.  

FEDERAL JUDGE BLOCKS SPECIAL COUNSEL JACK SMITH FROM RELEASING FINAL REPORT

It is customary for special counsels to release a final report, detailing the findings of their investigation and explaining any prosecution or declination decisions they reached. In Smith's case, the prosecution decision is immaterial, given Trump's status as president-elect and long-standing Justice Department policy against bringing criminal charges against a sitting president. 

Smith planned to release his final report sometime this month, as early as the end of this week. He will resign from his position before Trump takes office on Jan. 20. 

However, Trump co-defendants Walt Nauta and Carlos De Oliveira filed an emergency motion to block the reported imminent release of Smith’s final report. 

FORMER TRUMP CO-DEFENDANTS WANT JUDGE TO BLOCK SPECIAL COUNSEL JACK SMITH REPORT

U.S. District Judge for the Southern District of Florida Aileen Cannon on Tuesday ruled in favor of Nauta and De Oliveira to "prevent irreparable harm." 

Cannon said Smith is "temporarily enjoined" from "releasing, sharing, or transmitting the Final Report or any drafts of such Report outside the Department of Justice."

The order remains in effect until three days after a resolution is announced from the U.S. Court of Appeals for the 11th Circuit.

JUDGE GRANTS JACK SMITH REQUEST TO DISMISS JAN. 6 CHARGES AGAINST TRUMP, APPEAL DROPPED IN FLORIDA DOCS CASE

Nauta and De Oliveira pleaded not guilty to federal charges alleging they conspired to obstruct the FBI investigation into classified documents found at Mar-a-Lago

Smith was tapped by Garland in 2022 to investigate both the alleged effort by Trump and his allies to overturn the results of the 2020 election, as well as Trump's keeping of allegedly classified documents at his Florida residence. 

Trump pleaded not guilty to all charges. 

Cannon, this summer, dismissed Smith's case against Trump relating to classified records, ruling that he was appointed unlawfully as special counsel. 

And in November, U.S. District Judge Tanya Chutkan dropped Smith's charges against Trump in the 2020 election interference case. Smith also dropped his appeal to Cannon's ruling in the classified records case. 

Garland has opted to release the reports from two other special counsels whose investigations concluded during his tenure — publishing both the summary reports submitted by John Durham, who was tapped by then-Attorney General Bill Barr in 2019 to review the origins of the Trump-Russia probe, and the final report from Robert Hur, a former U.S. attorney whom he tapped in 2023 to investigate President Biden's handling of classified documents.

Ex-Chicagoland police chief wants cop murder to be federal crime: 'Attacks on police officers' up since 2020

7 January 2025 at 08:15

An ex-Chicagoland police chief says violent ambushes and murder of on-duty police officers need to be punishable as a federal crime, and he's calling on President-elect Donald Trump to move the effort forward. 

"Attacks on police officers are certainly on the rise since 2020, and what's really on the rise is ambush," retired Riverside Police Chief Tom Weitzel told Fox News Digital in an interview. "There's been more ambush attacks on police officers in the last two to three years than I've ever seen before, and that goes from everything from just an officer sitting in a squad car, either writing a report or he or she is on an assignment, and somebody walking up and just shooting the officer right in the squad car."

"That's happened several times over the last couple of years, or fake 911 calls where – the whole purpose of the calls [is] to get the officer to respond and to open fire on that officer and kill that officer. That's happened many times. We had never seen that, you know, 10 years ago," he added.

CHICAGO LAW ENFORCEMENT OFFICIALS ID SUSPECT, ANNOUNCE CHARGES IN MURDER OF POLICE OFFICER

Currently, killing state or local law enforcement officers can lead to a federal penalty only if the killing is committed to influence or retaliate against the officer's official duties and involves interstate commerce or federal jurisdiction. While some laws have been passed in recent years to curb the uptick in police killings, there's no official federal law that killing a police officer in any state is a felony because most cases are prosecuted under state law.

States generally treat the murder of a police officer as an aggravated form of homicide that can carry harsh penalties, including life imprisonment or the death penalty.

"What I'm looking for is uniformity, and I'm looking forward to give the family and loved ones some relief that things are being done properly, and I know for a fact that they're not prosecuted and investigated the same in every state in America. That's not happening," Weitzel said.

Weitzel, who was almost killed in an ambush shooting during his time as a cop, said he's sent letters to his state legislators, including Sen. Tammy Duckworth, and both the Biden and previous Trump administrations, but he only heard back from Trump's DOJ with a list of best practices. Last week, Weitzel sent another letter to Trump urging him to look at the proposal.

CHICAGO REMOVES LARGEST HOMELESS ENCAMPMENT, RELOCATES TENT RESIDENTS INTO APARTMENTS AND SHELTERS: REPORT

"There's still an unsolved police murder in the west suburbs of Chicago, and that really that also made me think, like, we need to get an outside agency's experts in doing it. I'm not criticizing local law enforcement, I'm saying we just want it done uniformly," he said.

FBI data shows a significant rise in officer fatalities nationwide between 2020 and 2023, with nearly 200 officers feloniously killed over three years. In Chicago, the police department saw several of its officers killed last year: Officer Andres Mauricio Vasquez Lasso on March 1 and Officer Arenah M. Preston on May 6. Officer Enrique Martinez, 26, was killed in November during a traffic stop in the city's East Chatham neighborhood.

TRUMP SUPPORTERS RIP CHICAGO MAYOR TO HIS FACE JUST DAYS BEFORE CITY COUNCIL REJECTS HIS TAX HIKE

"President Trump has publicly stated he's a law-and-order president. He has stated he supports law enforcement, many of the law enforcement ideals and legislation," Weitzel said. "So, it's the right time to at least push this, because we have somebody who in the White House says he's willing to work and pass legislation and funding with local law enforcement."

Fox News Digital reached out to the Trump transition team for comment but did not hear back by the time of publication.

Federal courts will not make criminal referrals to DOJ over separate ethics complaints against Justice Thomas

3 January 2025 at 13:00

Separate ethics complaints filed by members of Congress and an advocacy group against Justices Clarence Thomas and Ketanji Brown Jackson will not be referred to the Justice Department, federal court officials announced.

The U.S. Judicial Conference said Thomas has agreed to follow updated guidelines on listing free private travel and gifts from friends, following previous reporting on undisclosed hospitality.

For her part, Jackson has amended her financial disclosures following complaints about her husband’s consulting income as a physician.

Democratic Sens. Sheldon Whitehouse (D-RI) and Ron Wyden (D-OR), along with Rep. Hank Johnson (D-GA), had asked for an investigation by the judiciary itself into undisclosed hospitality provided to Thomas by billionaire friend Harland Crow. ProPublica reported on several instances of private travel and lodging over the years.

SUPREME COURT CHEIF JUSTICE ROBERTS ISSUES WARNING ON ‘JUDICIAL INDEPENDENCE’ WEEKS BEFORE TRUMP'S INAUGURATION

Judge Robert Conrad, who heads the judicial conference policymaking body, said in letters to the lawmakers that Thomas had filed amended financial disclosures "that address several issues identified in your letter." 

Additionally, Conrad said that it was not clear whether the judiciary itself could make criminal referrals against a sitting Supreme Court member.

"Because the Judicial Conference does not superintend the Supreme Court and because any effort to grant the Conference such authority would raise serious constitutional questions, one would expect Congress at a minimum to state any such directive clearly. But no such express directive appears in this provision," Conrad said.

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Conrad noted that Whitehouse and Wyden had separately asked Attorney General Merrick Garland to name a special counsel to investigate then-former President Donald Trump. Garland has not acted yet on that request.

Whitehouse, in a statement, criticized the Judicial Conference’s decision.

"By all appearances, the judicial branch is shirking its statutory duty to hold a Supreme Court justice accountable for ethics violations," said Whitehouse.

The complaint filed against Jackson came from Citizens for Renewing America, led by Russ Vought, who was nominated by President-elect Trump to lead the Office of Management and Budget.

Questions over ethics, including unreported private travel by some justices, have led the court to adopt its first code of ethics last year.

However, compliance is left to each of the nine justices, leading to concerns the court is not taking its own ethics enforcement standards seriously.

A two-year investigation by Senate Democrats released last week found additional luxury travel by Justice Thomas in 2021 was not noted on his annual financial disclosure form. 

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Fix the Court, a group which advocates for greater judicial transparency, urged Congress to act. 

"The Conference’s letters further underscore the need for Congress to create a new and transparent mechanism to investigate the justices for ethics violations since the Conference is unwilling to act upon the one method we had presumed existed to do that," said Executive Director Gabe Roth.

Potential 2028 Dem hopeful follows Biden lead, commutes 15 death-row sentences on final day as governor

3 January 2025 at 11:46

On his way out the door, then-North Carolina Gov. Roy Cooper commuted the sentences of 15 individuals on the Tarheel State’s death row.

Cooper, a Democrat whose name has been floated as one of the party’s topline names for the 2028 presidential contest, acted similarly to outgoing President Biden — who caught heat last week for commuting sentences for almost all federal death row inmates.

"These reviews are among the most difficult decisions a governor can make and the death penalty is the most severe sentence that the state can impose," Cooper said in a statement.

"After thorough review, reflection, and prayer, I concluded that the death sentence imposed on these 15 people should be commuted, while ensuring they will spend the rest of their lives in prison."

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No executions have occurred in North Carolina since 2006 due to ongoing litigation.

One of the inmates who saw his sentence commuted to life was felony murder inmate Hasson Bacote. Bacote had originally filed suit in 2010 challenging his death sentence under North Carolina’s Racial Justice Act, which reportedly allows defendants to challenge sentences if they can determine racial bias. 

Bacote, who is Black, had been convicted of shooting an 18-year-old by a White-majority Johnston County jury.

Rayford Burke, an Iredell County murder convict who received a commutation, also reportedly sought relief under the Racial Justice Act, according to WCNC.

Another commutation recipient, Christopher Roseboro, has been in prison for about 30 years. In 1994, Roseboro was indicted on first-degree rape and other charges stemming from allegations he and another man robbed an elderly neighbor who was later found dead along with evidence she had been sexually assaulted.

The co-defendant, Roger Bell, is already serving a life sentence.

A Union County man, Darrell Strickland, was convicted of manslaughter following a tragic Jan. 1, 1995, argument. He also saw his sentence commuted to life without parole.

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Vincent Wooten, a Pitt County man sentenced for the 1993 murder of Edward Wilson, also saw his sentence commuted, according to the Greenville Daily Reflector.

Wooten, then 20, saw evidence presented at his trial alleging he shot Wilson with a modified-to-automatic AR-15 rifle after a safe, filled with cocaine and cash, was stolen from the mother of Wooten’s girlfriend.

Another commuted convict, Guy T. LeGrande, had been sent to prison following a murder-for-hire incident. LeGrande was later diagnosed with a mental disorder, according to Mother Jones, and had previously claimed to be able to communicate with Oprah Winfrey through a television.

Cooper’s commutations follow Biden’s flurry of orders reclassifying death sentences to life without parole for 37 convicts.

"President Biden has dedicated his career to reducing violent crime and ensuring a fair and effective justice system," the White House said in a December statement.

"He believes that America must stop the use of the death penalty at the federal level, except in cases of terrorism and hate-motivated mass murder — which is why today’s actions apply to all but those cases."

A man sentenced to death for a 2003 Tennessee shooting said he was surprised Biden commuted so many convicts’ terms.

"I resolved not to squander this act of mercy, this grace of life. I resolved to be part of Biden's legacy — by the way I contribute to the betterment of society and prisons," Rejon Taylor told Newsweek. 

"Biden doesn't realize this now, but his act of mercy will resound through me, bearing fruit that will outlive his time on this earth."

Some of Biden’s other commutations, including a Wilkes-Barre, Pennsylvania, judge jailed in a "kids-for-cash" scandal where juveniles were aggressively prosecuted and sent to for-profit prisons, have sparked bipartisan outrage.

Cooper’s 77 total pardons and commutations over his two terms, however, are dwarfed by the nearly 700 from fellow Democratic Gov. James B. Hunt Jr., who served four terms in two non-consecutive eight-year periods, according to NC Newsline.

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Only three men remain on federal death row after Biden’s actions: Robert Gregory Bowers, Dzhokar Anzorovich Tsarnaev and Dylann Storm Roof. Bowers was convicted in the 2018 Pennsylvania synagogue shooting; Roof massacred several Black churchgoers in South Carolina; and Tsarnaev — along with his now-deceased brother Tamerlan — masterminded the Boston Marathon bombing.

Then-North Carolina Attorney General Josh Stein, a Democrat, was sworn into the governor's office to succeed Cooper in Raleigh on Wednesday.

Carter's judicial picks reshaped the federal bench across the country

3 January 2025 at 04:00

Former President Jimmy Carter served just a single term in the White House, but it proved to be an impactful one for the federal courts, which saw the appointment of more than 260 federal judges across the country, including some who would go on to wield considerable influence in the nation's top courts. 

His appointments were barrier-breaking and diverse, helping reshape the federal bench and paving the way for women and minorities to serve on the Supreme Court. 

Here are just some of the ways Carter helped reshape the federal judiciary during his four years in office.

Diversifying the bench  

Carter appointed a total of 262 federal judges during his four years in the White House, more than any single-term president in U.S. history. And despite never getting to appoint a Supreme Court nominee, Carter's judicial appointments were history-making in their own right. That's because he appointed a record number of minority and female jurists during his presidency, announcing 57 minority judges and 41 female jurists during his four years in office.

This was aided in part by Carter's creation of the Circuit Court Nominating Commissions during his first year as president, which he tasked with identifying potential judicial candidates as part of an overarching effort to make the U.S. courts look more like the populations they represented.

These judges helped diversify the federal judiciary. More broadly, they also helped shape the hundreds of court opinions handed down at the district and appellate court level.

Supreme Court impact

Speaking to NBC News’s Brian Williams in 2005, Carter revealed that he had planned to nominate a woman to serve on the Supreme Court if a vacancy had opened up during his presidency. 

In fact, Carter even had a name in mind: Judge Shirley Hufstedler, who in 1968 was appointed by then-President Lyndon B. Johnson to the Ninth Circuit Court of Appeals. She was the first woman to serve as an appellate court judge. 

"Had I had a vacancy," he told Williams, Hufstedler was "the foremost candidate in my mind."

Carter did go on to choose Hufstedler for another role: the nation’s first secretary of education.

"If I had had a Supreme Court appointment, she was the one in my mind that I had in store for the job," Carter said. 

It would instead be Carter’s successor, Ronald Reagan, who would go on to nominate the nation’s first female Supreme Court justice, Sandra Day O’Connor, in 1981.

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Though Carter did not directly appoint any judges to the Supreme Court as president, two of his appellate court nominees would go on to serve on the nation's highest court: Stephen Breyer, who he tapped for the U.S. Appeals Court, and Ruth Bader Ginsburg, who Carter appointed to the U.S. Court of Appeals for the D.C. Circuit.

Both were tapped by former President Bill Clinton to serve on the Supreme Court in the early 1990s and both were subsequently replaced by women jurists. Breyer retired in 2022, replaced by President Biden's sole nominee to the court, Justice Ketanji Brown Jackson. Ginsburg died in September 2020 and was replaced by Justice Amy Coney Barrett.

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Ginsburg was praised for her trailblazing work on gender discrimination. In nominating her to the Supreme Court in 1993, Clinton lauded Ginsburg for being "to the women's movement what Thurgood Marshall was to the movement for the rights of African Americans."

In public speeches, Ginsburg often credited Carter for his work in reshaping the judiciary.

"Women weren’t on the bench in numbers, on the federal bench, until Jimmy Carter became president," Ginsburg said in a 2015 speech at the American Constitution Society.

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Carter "deserves tremendous credit for that," she said.

The biggest Supreme Court decisions of 2024: From presidential immunity to overturning the Chevron doctrine

22 December 2024 at 05:00

The U.S. Supreme Court issued several major decisions over the course of 2024. 

Its rulings include those that have pushed back on the Biden administration's attempted change of Title IX protections for transgender students, reversed a 40-year precedent that had supported what conservatives have condemned as the administrative state in Washington, and considered the constitutionality of Republican-controlled state efforts to curtail what they define as liberal Silicon Valley biases online. 

The high court also ruled on presidential immunity at a consequential time for current President-elect Trump during the 2024 election – and sided with a Jan. 6 defendant who fought a federal obstruction charge. 

Here are the top cases considered by the justices over the past year. 

The Supreme Court on Aug. 16, 2024, kept preliminary injunctions preventing the Biden-Harris administration from implementing a new rule that widened the definition of sex discrimination under Title IX to include sexual orientation and gender identity, while litigation over the rule continues.

After the Fifth and Sixth Circuit Courts of Appeal denied the administration's request to put a stay on the injunctions, the Department of Education turned to the Supreme Court, arguing that some parts of the rule should be able to take effect. The Supreme Court rejected their request.

"Importantly, all Members of the Court today accept that the plaintiffs were entitled to preliminary injunctive relief as to three provisions of the rule, including the central provision that newly defines sex discrimination to include discrimination on the basis of sexual orientation and gender identity," the court's unsigned opinion said, concluding that the Biden administration had not "adequately identified which particular provisions, if any, are sufficiently independent of the enjoined definitional provision and thus might be able to remain in effect."

In April, the Department of Education issued the new rule implementing Title IX of the Education Amendments of 1972, arguing that expanding the definition of discrimination to include "sexual orientation and gender identity" would protect LGBTQ students. Louisiana led several states in suing the DOE, contending the new rule "violates students' and employees' rights to bodily privacy and safety." 

Title IX implemented the long-standing athletics regulation allowing sex-separate teams decades ago, and Republicans contended Biden’s new rule would have significant implications on women- and girls-only spaces and possibly legally back biological males playing in women’s sports. Separate court injunctions blocked the rule from taking effect in 26 states. 

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"I’m grateful that the Supreme Court agreed not to block our injunction against this radical rewrite of Title IX," Louisiana Attorney General Liz Murrill said in a statement at the time. "Other than the 19th Amendment guaranteeing our right to vote, Title IX has been the most successful law in history at ensuring equal opportunity for women in education at all levels and in collegiate athletics. This fight isn’t over, but I’ll keep fighting to block this radical agenda that eviscerates Title IX." 

The Supreme Court on July 1, 2024, kept on hold efforts by Texas and Florida to limit how Facebook, TikTok, X, YouTube and other social media platforms regulate content in a ruling that strongly defended the platforms’ free speech rights.

Writing for the court, Justice Elena Kagan said the platforms, like newspapers, deserve protection from governments’ intrusion in determining what to include or exclude from their space. "The principle does not change because the curated compilation has gone from the physical to the virtual world," Kagan wrote in an opinion signed by five justices. All nine justices agreed on the overall outcome.

The justices returned the cases to lower courts for further review in broad challenges from trade associations for the companies.

While the details vary, both laws aimed to address long-standing conservative complaints that the social media companies were liberal-leaning and censored users based on their viewpoints, especially on the political right. 

The Florida and Texas laws were signed by Republican governors in the months following decisions by Facebook and Twitter (now X) to cut then-President Trump off over his posts related to the Jan. 6, 2021, riot at the U.S. Capitol.

Trade associations representing the companies sued in federal court, claiming that the laws violated the platforms’ speech rights. One federal appeals court struck down Florida’s statute while another upheld the Texas law, but both were on hold pending the outcome at the Supreme Court.

In a statement made when he signed the Florida measure into law, Gov. Ron DeSantis said it would be "protection against the Silicon Valley elites."

When Gov. Greg Abbott signed the Texas law, he said it was needed to protect free speech in what he termed the new public square. Social media platforms "are a place for healthy public debate where information should be able to flow freely – but there is a dangerous movement by social media companies to silence conservative viewpoints and ideas," Abbott said. "That is wrong, and we will not allow it in Texas."

NetChoice LLC has sued Florida Attorney General Ashley Moody and Texas Attorney General Ken Paxton. 

"The judgments are vacated, and the cases are remanded, because neither the Eleventh Circuit nor the Fifth Circuit conducted a proper analysis of the facial First Amendment challenges to Florida and Texas laws regulating large internet platforms. NetChoice's decision to litigate these cases as facial challenges comes at a cost," the court wrote. "The Court has made facial challenges hard to win. In the First Amendment context, a plaintiff must show that 'a substantial number of [the law's] applications are unconstitutional, judged in relation to the statute's plainly legitimate sweep.' So far in these cases, no one has paid much attention to that issue." 

The court said its analysis and arguments "focused mainly on how the laws applied to the content-moderation practices that giant social-media platforms use on their best-known services to filter, alter or label their users' posts, i.e., on how the laws applied to the likes of Facebook's News Feed and YouTube's homepage," but the justices said they "did not address the full range of activities the laws cover, and measure the constitutional against the unconstitutional applications."

The Supreme Court on July 1, 2024, ruled that former presidents have substantial protection from prosecution, handing a major victory to Donald Trump, the former president who at the time was the presumptive Republican presidential nominee and is now president-elect.

Trump had moved to dismiss his indictment in a 2020 election interference case based on presidential immunity. 

The court did not dismiss the case, but the ruling did ensure the 45th president would not face trial in the case before the November 2024 election. 

In a 6-3 decision, the court sent the matter back down to a lower court, as the justices did not apply the ruling to whether or not Trump is immune from prosecution regarding actions related to efforts to overturn the results of the 2020 election.

"The President enjoys no immunity for his unofficial acts, and not everything the President does is official," Chief Justice John Roberts wrote for the majority. "The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive." 

Trump, having won the 2024 presidential election, will take office Jan. 20, 2025.

SCOTUS HEARS ARGUMENTS IN CASE THAT COULD RESHAPE ENVIRONMENTAL LAW

In a 6-3 ruling, the Supreme Court on June 28, 2024, overruled the 1984 landmark decision in Chevron v. Natural Resources Defense Council. 

Known as Chevron deference, the 40-year-old decision instructed lower courts to defer to federal agencies when laws passed by Congress were too ambiguous. It had been the basis for upholding thousands of regulations by dozens of federal agencies, but has long been a target of conservatives and business groups who argue that it grants too much power to the executive branch, or what some critics call the administrative state.

Roberts, writing for the court, said federal judges must now "exercise their independent judgment in deciding whether an agency has acted within its statutory authority."

The ruling does not call into question prior cases that relied on the Chevron doctrine, Roberts wrote. 

The reversal makes it so executive branch agencies will likely have more difficulty regulating the environment, public health, workplace safety and other issues. 

The case came about when Atlantic herring fishermen sued over federal rules requiring them to pay for independent observers to monitor their catch. The fishermen argued that the 1976 Magnuson-Stevens Fishery Conservation and Management Act did not authorize officials to create industry-funded monitoring requirements and that the National Marine Fisheries Service failed to follow proper rulemaking procedures.

In two related cases, the fishermen asked the court to overturn the 40-year-old Chevron doctrine, which stems from a unanimous Supreme Court case involving the energy giant in a dispute over the Clean Air Act. In that case, the court upheld an action by the Environmental Protection Agency under President Ronald Reagan.

In the decades following the ruling, Chevron has been a bedrock of modern administrative law, requiring judges to defer to agencies’ reasonable interpretations of congressional statutes.

The current Supreme Court, with a 6-3 conservative majority, has been increasingly skeptical of the powers of federal agencies. Justices Brett Kavanaugh, Clarence Thomas, Samuel Alito and Neil Gorsuch have questioned the Chevron decision. Ironically, it was Gorsuch’s mother, former EPA Administrator Anne Gorsuch, who made the decision that the Supreme Court upheld in 1984.

The Biden administration argued that overturning Chevron would be destabilizing and could bring a "convulsive shock" to the nation’s legal system.

The Supreme Court on June 28, 2024, ruled in favor of a participant in the Jan. 6, 2021, Capitol riot who challenged his conviction for a federal obstruction crime.

The case stemmed from a lawsuit filed by Joseph Fischer – a former police officer and one of more than 300 people charged by the Justice Department with "obstruction of an official proceeding" in the Jan. 6, 2021, riot at the Capitol. His lawyers argued that the federal statute should not apply, and that it had only ever been applied to evidence-tampering cases. 

In a 6-3 decision, the Supreme Court held to a narrower interpretation of a federal statute that imposes criminal liability on anyone who corruptly "alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding." 

The ruling reversed a lower court decision, which the justices said swept too broadly into areas like peaceful but disruptive conduct, and returned the case to the D.C. Circuit Court of Appeals. 

The Justice Department argued that Fischer’s actions were a "deliberate attempt" to stop a joint session of Congress directly from certifying the 2020 election, thus qualifying their use of the statute that criminalizes behavior that "otherwise obstructs, influences, or impedes any official proceeding, or attempts to do" and carries a penalty of up to 20 years in prison.

However, Roberts said the government stretched the law too far.

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"January 6 was an unprecedented attack on the cornerstone of our system of government – the peaceful transfer of power from one administration to the next. I am disappointed by today’s decision, which limits an important federal statute that the Department has sought to use to ensure that those most responsible for that attack face appropriate consequences," Attorney General Merrick Garland said in a statement reacting to the ruling. 

"The vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision," he said.

Fox News’ Chris Pandolfo, Bill Mears, Shannon Bream, Brooke Singman, Brianna Herlihy and The Associated Press contributed to this report.

As Trump nominee battles brew, NC Senate cleared of raucous onlookers

7 December 2024 at 08:51

While Washington is enveloped in battles over President-elect Donald Trump’s nominees, a different but equally raucous appointments battle boiled over this week just 300 miles down US-1 from the nation's capital.

North Carolina Republicans, seeing their veto-proof supermajority slip away by a single legislative seat in the state House, are trying to override outgoing Democratic Gov. Roy Cooper’s disapproval of a bill that would move gubernatorial authority over the NC Board of Elections to the State Auditor’s office.

The Senate overrode the veto but not without an uproar that led to the gallery being cleared. The House is poised to attempt its complementary override, but the GOP’s plans have hit a snag there.

The proposal was part of a bill chiefly geared toward Hurricane Helene relief, and was lambasted by Democrats as a power grab, in part due to the fact the GOP flipped the executive branch office with Auditor-elect Dave Boliek – but failed to see their gubernatorial candidate, Lt. Gov. Mark Robinson best Gov.-elect Josh Stein.

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However, Robinson – as the Senate’s presiding officer – moved to clear the gallery after raucous protestations and chants of "Shame, Shame, Shame!" erupted above lawmakers preparing to vote on the veto override. Robinson has thus far had to do so twice, according to Carolina Public Press.

As the eventually successful vote was about take place, a woman shouted "[the law] destroys the will of the voter – it’s voter suppression!"

"It restructures the entire state constitution."

Robinson, without raising his voice, spoke into his mic that the woman was "disrupting … the legislative process."

When a gallery-watcher shouted that the bill lacked any "reasonable relief for hurricane victims," Robinson banged his gavel and called out, "Clear the gallery."

"Everybody’s gotta go," he said, as police calmly ushered spectators out, threatening those who remained with arrest.

"You can bang that gavel," one man was heard taunting Robinson as he left.

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State Sen. Natasha Marcus, D-Huntersville, was heard on video captured by the Raleigh News-Observer calling out to Robinson that he could not clear the whole gallery, because many people were respectfully watching the vote, and saying the capitol is "the people’s house."

Before he vetoed the bill, Cooper told NBC Charlotte that the legislation "really didn't provide immediate and direct funding to western North Carolina" despite being labeled as Helene relief. He called it a "massive power grab."

Jim Stirling, a research associate at the North Carolina-based John Locke Foundation, has done a deep dive into the controversy, and his group filed an amicus brief with lawmakers in a recent lawsuit related to the matter.

"It is not under the purview of the governor to execute all laws. The other executive agencies of the executive branch or indeed other executive elected officials are in charge of executing law. Not just the governor," Stirling said.

"Under [Cooper’s] argument, he says effectively that all appointments must be under him because he's in charge of executing the law, and he has the power of appointment on this."

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Overriding the veto, however, could render part of the lawsuit moot, he said.

The lawsuit will "probably need to be restarted based on the argument that these appointments must be under the governor, not any other executive agency (like the auditor)," he said.

Neither Cooper nor Robinson responded to a request for comment. 

In moving election boards’ appointment power to the state auditor’s office, the state board’s activities would remain independent of Boliek and the executive branch, but his office would control its appointments and funding, according to NBC Charlotte.

What would change would be the current Democratic control of the elections board, an official told the outlet. The state auditor would also be able to appoint chairpersons in all 100 Tarheel State counties.

Currently, Cooper – and would-be Stein – also appoint the state board’s members, who must consist of three majority-party and two minority-party individuals.

Attempts to move appointment powers away from the governor’s office have been subject to lawsuits in recent months and years. The most recent ruling, in Cooper v. Berger, held that an attempt to move appointment powers to the legislature unlawfully infringed on the executive branch’s express power in that regard.

A prior case, McCrory v. Berger – bearing the name of Cooper’s predecessor, Republican Gov. Patrick McCrory – resulted in a state supreme court ruling holding that some appointments made by legislators violate separation of powers.

In the state House, three Republicans from the Helene-ravaged western part of the state voted against the bill, with one, Rep. Mark Pless of Canton, saying it had nothing "that was going to send money to the many needs in Western NC – it was simply moving money from one account to another."

Pless, however, said the election board appointments portion appears "allowable by the legislature," according to FOX-8. The veto-override in the lower chamber, therefore, could come up just short if the trio do not change their original positions.

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