Nevada judge rejects Trump ballot eligibility challenge, says GOP opponent ‘improperly manufactured’ standing


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A federal judge in Nevada rejected a case challenging the eligibility of former President Trump to run in 2024, ruling GOP challenger John Anthony Castro, who brought the lawsuit in the Silver State, “lacks standing.” 

U.S. District Court Judge Gloria M. Navarro, who was appointed by former President Obama, issued the order Monday dismissing Castro’s lawsuit that had ultimately asked if the U.S. Constitution’s Fourteenth Amendment bars Trump from holding office over his alleged incitement of the Jan. 6 Capitol riot. 

“This is a politically charged question of significant interest to the American public,” Navarro noted. “For reasons discussed below, the Court finds that Castro lacks standing, and the Court therefore lacks jurisdiction to hear this case.” 

“To have standing to sue in federal court, a plaintiff must have suffered a concrete, particularized, and actual or imminent injury in fact that was caused by the defendant’s challenged conduct and is redressable by a favorable decision,” Navarro explained. “This limitation on the judicial power prevents a plaintiff from invoking Article III jurisdiction of federal court by asserting what is merely a ‘general interest common to all members of the public.’” 

SUPREME COURT TO DECIDE IF TRUMP BANNED FROM COLORADO BALLOT IN HISTORIC CASE

Trump at Iowa rally

Former President Trump departs after speaking at a “Commit to Caucus” rally in Clinton, Iowa, on Jan. 6, 2024.  ( TANNEN MAURY/AFP via Getty Images)

The ruling noted that five courts have already rejected Castro’s political competitor standing argument. 

“In rejecting his political competitor standing argument, courts have fund that Castro improperly manufactured his standing merely to file this lawsuit,” Navarro writes. “The evidence indicates that Castro is creating his own injury in order to manufacture standing to challenge Trump’s eligibility to run for president.” 

The judge observed that by his own admission, Castro “declared as a candidate and paid the filing fee to show the impermissibility of Trump’s presidency.” The ruling cited how Castro was quoted in an Associated Press article as having said, “I’m not going to lie and pretend my candidacy is anything more than trying to enforce the United States Constitution, and that’s what I’m here to do.” 

In a footnote, Navarro highlighted that Trump and Castro are not even competing on the same ballot in Nevada. 

“As Castro indicates in his FAC, the Nevada Republican Party is holding a caucus separate from the state-run Presidential Preference Primary. Castro intends on running in the Nevada Republican PP,” the footnote says. “Trump is not participating in the PP and is instead appearing on the caucus ballot.” 

TRUMP CAMPAIGN SAYS 14TH AMENDMENT ADVOCATES USING ‘LAWFARE’ TO ‘DEPRIVE’ VOTERS OF CHOICE IN 2024

Trump and legal team in DC

Former President Trump flanked by attorney John Lauro, left, and D. John Sauer, center right, speaks to reporters and members of the media at the Waldorf Astoria hotel after attending a hearing of the D.C. Circuit Court of Appeals at the federal courthouse on Tuesday, Jan. 9, 2024, in Washington, DC.  (Jabin Botsford/The Washington Post via Getty Images)

Dozens of lawsuits are now challenging Trump’s eligibility, citing the Fourteenth Amendment, after the Colorado Supreme Court removed him from the ballot in their state. 

Maine’s Democratic secretary of state also banned Trump from the ballot, citing the insurrection clause. 

The U.S. Supreme Court agreed to take up Trump’s challenge to the Colorado ruling and is set to begin hearing arguments in February. 

Trump campaign spokesman Steven Cheung championed the Nevada lawsuit’s dismissal in a statement to news outlets.  

Trump leaves DC hotel to head to court

Former President Trump departs the Waldorf Astoria where he held a press conference following his appearance in court on Jan. 9, 2024 in Washington, DC.  (Kent Nishimura/Getty Images)

“Today’s dismissal of another bogus, bad-faith, Crooked Joe Biden-engineered attempt to deprive Americans as a whole, and the voters of Nevada specifically, of their right to vote for the candidate of their choice is not only a victory for President Trump, but a victory for all Americans and the people of Nevada,” Cheung said, according to KLAS. “President Trump remains undefeated in federal court against these cynical efforts to interfere in the 2024 election. Courts in eleven states have now dismissed similar, pathetic, 14th Amendment ballot cases.” 

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“Make no mistake, each and every one of these ‘ballot-challenges’ are blatant attempts to steal the election for Crooked Joe Biden and disenfranchise over 100 million American voters,” he continued. “President Trump is the leading candidate for not only the Republican primary, but the general election and his opponents are desperate. Rest assured that he will fight each and every one of these disgraceful attacks on American democracy, he will win, and we will all Make America Great Again.”



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Trump blasts Fulton County prosecutor Fani Willis after romantic partner allegations: ‘Totally compromised’


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Former President Donald Trump on Tuesday said the 2020 election case against him in Georgia should be dropped after prosecutor Fani Willis was accused of ethics violations.

A co-defendant in the Trump case alleged in court documents that Willis had an “improper” romantic relationship with a special prosecutor she hired, Nathan Wade. Willis and Wade allegedly benefited financially from the relationship in the form of vacations the two took using funds that his law firm received for working the case. 

“You had a very big event yesterday as you saw in Georgia where the district attorney is totally compromised. The case has to be dropped,” Trump told reporters In Washington, D.C., on Tuesday, speaking after a hearing in a separate federal 2020 election interference case. “They went after 18 or 20 people. … She was out of her mind. Now it turns out that case is totally compromised. 

“It’s illegal. What she did is illegal. So we’ll let the state handle that, but what a sad situation it is,” Trump added.

FULTON COUNTY PROSECUTOR, FANI WILLIS ROMANTIC PARTNER, MET WITH BIDEN WHITE HOUSE TWICE BEFORE CHARGING TRUMP

Fani Willis and Nathan Wade

Fulton County, Georgia District Attorney Fani Willis and special prosecutor Nathan Wade. (Getty Images)

The allegations against Willis were included in a motion that was filed on behalf of former Trump campaign official Michael Roman, a co-defendant in the case, in a bid to have the charges against him dismissed.

It cites “sources close to both the special prosecutor and the district attorney” as confirming “they had an ongoing, personal relationship.”

County records show Wade has been paid nearly $654,000 in legal fees since January 2022, an amount authorized by the district attorney, or Willis in this case.

The filing also calls for the entire district attorney’s office, including Willis and Wade, to be disqualified from prosecuting the case.

TOP TRUMP PROSECUTOR, GEORGIA DA ALLEGED TO BE IN ‘IMPROPER’ ROMANTIC RELATIONSHIP: COURT FILING

Trump giving thumbs up

Former President Donald Trump leaves the courtroom for a lunch break during his civil fraud trial at New York State Supreme Court on November 06, 2023 in New York City. (Michael M. Santiago/Getty Images)

In August, Willis charged Trump out of her investigation into his alleged efforts to overturn the 2020 presidential election in the state. Trump was charged with one count of violation of the Georgia RICO Act, three counts of criminal solicitation, six counts of criminal conspiracy, one count of filing false documents and two counts of making false statements.

Trump pleaded not guilty to all charges.

The former president and 2024 frontrunner also faces charges in separate cases in New York City, Florida and Washington, D.C.

Trump appeared in federal court in Washington, D.C., on Tuesday as his attorneys argued he has presidential immunity from charges stemming from Special Counsel Jack Smith’s investigation. 

FORMER COP TARGETS TRUMP, GOP OPPONENTS OVER ‘DISGRACEFUL’ LAW ENFORCEMENT RHETORIC 3 YEARS AFTER JAN 6

Fulton County GA District Attorney Fani Willis in green standing in front of books and Former President Donald Trump in suit looking serious

Fulton County District Attorney Fani Willis (left) and former President Donald Trump. (The Washington Post-David Walter Banks/Eva Marie Uzcategui/Bloomberg via Getty Images)

Trump attorney D. John Sauer argued that the president has “absolute immunity,” even after leaving office, and that President Biden, “the current incumbent of the presidency is prosecuting his number one political opponent and his greatest electoral threat.” Smith’s legal team said presidents are not entitled to absolute immunity and that Trump’s alleged actions fall outside a president’s official job duties. 

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Smith’s case against Trump is on pause as Trump’s attorneys appeal the case and argue that presidential immunity protects him from being prosecuted. The trial had been set to begin on March 4.

It is unclear when the appeals court will issue a decision. 

Fox News Digital’s Brooke Singman and Brandon Gillespie contributed to this report.



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House Oversight, Judiciary to consider resolution recommending Hunter Biden be held in contempt of Congress


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House Republicans will consider a resolution Wednesday morning that, if passed, would set up a full House vote on whether to hold Hunter Biden in contempt of Congress for defying a congressional subpoena as part of the House impeachment inquiry against President Biden.

The House Oversight Committee will meet for a markup Wednesday at 10 a.m. to consider the resolution that recommends contempt proceedings against the first son after he refused to comply with a subpoena compelling him to appear for a closed-door deposition before the House Oversight and Judiciary committees.

The House Judiciary Committee will hold a similar markup at 10 a.m. on a measure recommending Hunter Biden be held in contempt of Congress. 

“Our investigation has produced significant evidence suggesting President Biden knew of, participated in and benefited from his family cashing in on the Biden name,” House Oversight Committee Chairman James Comer is expected to say in his opening statement, obtained by Fox News Digital. 

HOUSE GOP SAYS HUNTER BIDEN ‘VIOLATED FEDERAL LAW’ BY DEFYING SUBPOENA, PREPARE CONTEMPT RESOLUTION

“We planned to question Hunter Biden about this record of evidence during our deposition, but he blatantly defied two lawful subpoenas.” 

Comer will say, “Hunter Biden’s willful refusal to comply with the committees’ subpoenas is a criminal act” that “constitutes contempt of Congress and warrants referral to the appropriate United States Attorney’s Office for prosecution as prescribed by law.”

“We will not provide Hunter Biden with special treatment because of his last name,” Comer is expected to say. “All Americans must be treated equally under the law. And that includes the Bidens.” 

Hunter Biden, ahead of his subpoenaed deposition, had offered to testify publicly. House Oversight Committee Chairman James Comer and Judiciary Committee Chairman Jim Jordan rejected his request, stressing that the first son would not have special treatment and pointed to the dozens of other witnesses that have appeared, as compelled, for their interviews and depositions. Comer and Jordan vowed to release the transcript of Hunter Biden’s deposition.

The first son, though, defied the subpoena, ignored the offer and delivered a public statement outside the Capitol.

“On December 13, 2023, Robert Hunter Biden failed to comply with deposition subpoenas issued by the Committees on Oversight and Accountability and the Judiciary for testimony relevant to the House of Representatives’ impeachment inquiry and the Committees’ oversight investigations,” the House Oversight report, first reported by Fox News Digital on Monday, says. 

“Instead, Mr. Biden opted to read a short, prepared statement in front of the Capitol. Accordingly, Mr. Biden has violated federal law and must be held in contempt of Congress.”

Hunter Biden press conference

President Joe Biden’s son, Hunter Biden, has reportedly told people he may have to “flee” the country if Trump wins in 2024. (Kevin Dietsch/Getty Images)

Meanwhile, the House Oversight report identifies Hunter Biden’s testimony as “a critical component of the impeachment inquiry into, among other things, whether Joseph R. Biden, Jr., as Vice President and/or President: (1) took any official action or effected any change in government policy because of money or other things of value provided to himself or his family; (2) abused his office of public trust by providing foreign interests with access to him and his office in exchange for payments to his family or him; or (3) abused his office of public trust by knowingly participating in a scheme to enrich himself or his family by giving foreign interests the impression that they would receive access to him and his office in exchange for payments to his family or him.”

The report states that Hunter Biden’s “flagrant defiance of the Committees’ deposition subpoenas — while choosing to appear nearby on the Capitol grounds to read a prepared statement on the same matters — is contemptuous, and he must be held accountable for his unlawful actions.”

Jordan and Comer react to Biden defying subpoena

From left, House Judiciary Committee Chairman Jim Jordan, R-Ohio; Rep. Marjorie Taylor Greene, R-Ga. and House Oversight and Accountability Committee Chairman James Comer, R-Ky., speak to reporters after Hunter Biden, President Biden’s son, defied a congressional subpoena to appear privately for a deposition before Republican investigators who have been digging into his business dealings at the Capitol in Washington Dec. 13, 2023.  (AP Photo/J. Scott Applewhite)

HOUSE GOP PROBING IF BIDEN WAS INVOLVED IN HUNTER’S ‘SCHEME’ TO DEFY SUBPOENA, POTENTIAL ‘IMPEACHABLE OFFENSE’

The report says House Oversight Committee Chairman James Comer “recommends that Congress find Robert Hunter Biden in contempt for his failure to comply with the Committee subpoena issued to him.”

Committee ranking member Jamie Raskin, D-Md., blasted the move, saying there “is no precedent for the U.S. House of Representatives holding a private citizen in contempt of Congress who has offered to testify in public, under oath and on a day of the committee’s choosing. Chairman Comer repeatedly urged Hunter Biden to appear at a committee hearing, and Hunter Biden agreed.” 

If the resolution advances out of committees Wednesday, sources said a full contempt of Congress vote on the House floor could take place in the coming days. 

President Joe Biden

President Biden speaks during a meeting of the National Infrastructure Advisory Council in the Indian Treaty Room of the White House in Washington, D.C., Dec. 13, 2023. (Al Drago/Bloomberg via Getty Images)

Last month, Comer and Jordan expanded their investigation to probe whether President Biden was involved in his son’s “scheme” to defy his subpoena for deposition earlier this month, conduct, they say, “could constitute an impeachable offense.” 

Hunter Biden, when making his public statement last month, said his “father was not financially involved in my business.” 

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“No evidence to support that my father was financially involved in my business because it did not happen,” he said. 

The House impeachment inquiry against President Biden was formalized by the full House last month. The inquiry is being led by Comer, Jordan and House Ways & Means Committee Chairman Jason Smith, R-Mo.



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‘I want to get things done’


FIRST ON FOX: The former sheriff of New Mexico’s most populous county has announced his decision to switch political parties and compete for a seat in the U.S. Senate.

Describing himself as a “man of strong convictions and values,” Manuel Gonzales, who served as the sheriff of Bernalillo County for roughly 13 years, told Fox News Digital his decision to enter the Senate race came as a result of the Democratic Party moving too “far left” on issues that mean the most to him.

“I’m a law and order and fiscally responsible family man that cares about his community,” Gonzales said. “My whole career in life has been surrounded by service. My concerns are that of the [Democratic] Party. The party that I was in has gone far left in terms of their ideologies towards families and law and order. I can no longer become complicit in their values because I don’t believe that they align with mine.”

Gonzales, a lifelong Democrat who gained national recognition for his refusal to enforce stay-at-home orders during the COVID-19 pandemic, said he believes his decision to run as a Republican will provide him with more opportunities to pick up support in the race and bring “positive changes” to the state overall.

NEW MEXICO GOVERNOR’S GUN RESTRICTION ORDERS TO BE REVIEWED BY STATE SUPREME COURT

Manuel Gonzales

Manuel Gonzales, who served as the sheriff of Bernalillo County for roughly 13 years, told Fox News Digital his decision to enter the Senate race came as a result of the Democratic Party moving too “far left” on issues that mean the most to him. (Manuel Gonzales)

From inflation to crime, Gonzales said he’s looking to tackle issues that have hindered progress in the state head on.

Gonzales, who’s looking to take a hands-on approach to problems if he’s elected, said he will prioritize “fighting for jobs” in New Mexico and hone in on certain “energy initiatives” and resources the state has to offer.

“The security and safety of the people throughout the country has been compromised,” said Gonzalez, whose public service career has been marked by repeated efforts to rid New Mexico of crime.

Gonzales, whose career in law enforcement spans nearly 30 years, said a troubling reality he faces is that officers in New Mexico “don’t feel supported.”

A proponent of qualified immunity for officers, Gonzales said he hopes to welcome more officers to the state and “get behind efforts to support” law enforcement officials so he can bea strong voice and advocate for them.”

Gonzales, a newcomer to the Republican Party, also touted his ability to work across the aisle to get things done for those he hopes to represent on a federal level.

“I would definitely be a huge advocate and work collaboratively with both sides of the aisle to get things accomplished instead of continually pointing fingers and blaming [others] like this current administration and this current senator that sits in office right now,” he said, referencing the Biden administration and incumbent Sen. Martin Heinrich, D-N.M.

Manuel Gonzales

Gonzales, who’s looking to take a hands-on approach to problems if he’s elected, said he will prioritize “fighting for jobs” in New Mexico and hone in on certain “energy initiatives” and resources the state has to offer. (Manuel Gonzales)

Taking further aim at Heinrich, who has represented New Mexico in the Senate since 2013 and is running for re-election to his post in the upper chamber, Gonzales accused the “career politician” of being a “carpetbagger” who came to the state and has been “comfortable and unchallenged” thus far.

LATINO SENATE HOPEFUL SAYS HISPANIC VOTERS BEING ‘BLINDSIDED’ BY DEM POLICIES, AIMS TO FLIP BORDER SEAT RED

“I want to be the person that has the opportunity in November to challenge him and unseat him so things can start moving,” Gonzales said of Heinrich. “I really believe things are idle here, and I think when people become complacent and comfortable, I think it’s time for them to go home.”

Amid several law enforcement issues that arose during his time as sheriff of Bernalillo County, Gonzales said Heinrich’s office was silent.

“I did not see any effort or anybody from [Heinrich’s] office reach out to support any initiatives we were doing,” he said.

Gonzales has been at odds with several elected Democrats from across the state for some time, and took heat from them following his 2020 visit to the nation’s capital to meet with then-President Donald Trump and then-Attorney General William Barr.

Manuel Gonzales, AG William Barr

Gonzales is shown alongside then-Attorney General William Barr during a Bernalillo County event. (Manuel Gonzales)

Party affiliation won’t prevent Gonzales from doing the work that needs to be done in Washington on behalf of his constituents, he said.

“I understand that I represent the people and not a party when I get elected,” he said. “I can stand on my own two feet. I am my own person, and I’m a person that is very reasonable. I’m also a person that is fair. I have the best interest of everybody at heart. Politics don’t play into my decisions when it comes to serving people.”

“I want to get things done. I want to help people, and I want to serve them because that’s what I’ve been called to do,” Gonzales added.

Amid his stint leading the Bernalillo County Sheriff’s Department, Gonzales sought to serve as the Mayor of Albuquerque in 2021. He lost that election, however, to Tim Keller, a Democrat who previously served as the New Mexico State auditor.

Last fall, Gonzales and former Laguna Police Chief Rudy Mora were identified in a federal indictment filed in Maryland that accused the pair of participating in an illegal weapons scheme in the state. Prosecutors said Gonzales and Mora signed false documents to help gun dealers illegally obtain machine guns, according to Source New Mexico, but neither of the men have been charged with a crime.

Manuel Gonzales and family

Gonzales, who described himself as a “fiscally responsible family man that cares about his community,” is shown with his family. (Manuel Gonzales)

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Discussing the matter outlined in federal documents filed last October, Gonzales said the effort is “politically motivated” and that he believes he will be “exonerated.”

“I followed the law, and I’ll continue to follow the law,” he said. “I would never breach anything for the trust of the people. After this case has been adjudicated and said and done, I believe my good name will be exonerated.”

The primary election is slated to take place on June 4, 2024. The general election will take place on Nov. 4, 2024.



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Speaker Johnson endorses former NASCAR driver for Maine Democrat’s congressional seat


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FIRST ON FOX: A former NASCAR driver-turned-GOP congressional candidate in Maine received an endorsement from the new House speaker.

Fox News Digital has learned House Speaker Mike Johnson, R-La., endorsed GOP congressional candidate Austin Theriault in his quest to flip the seat held by Democratic Maine Rep. Jared Golden.

Johnson told Mainers to get out and vote for Theriault, a former NASCAR driver, calling him a successful, “hardworking public servant.”

MAINE DEMOCRAT WHO BARRED TRUMP FROM BALLOT SAID VOTER ID LAWS ‘ROOTED IN WHITE SUPREMACY’

Austin Theriault

Fox News Digital has learned House Speaker Mike Johnson, R-La., endorsed GOP congressional candidate Austin Theriault, pictured here, in his quest to flip the seat held by Democrat Maine Rep. Jared Golden. (AP Photo/Steve Helber)

“Mainers, please send Austin Theriault to Congress so he can fight for you,” Johnson told Fox News Digital Tuesday. “I’m endorsing Austin because he’s a hardworking public servant with a strong track record of success.

“His rural Maine values have shaped him and his character, and I know he’ll do everything he can to make life better for Mainers. Austin will hold Joe Biden and Jared Golden — both failed leaders — accountable, and he’s the best candidate to beat Jared Golden in November.

EX-NASCAR DRIVER AUSTIN THERIAULT LAUNCHES GOP BID FOR BATTLEGROUND HOUSE SEAT

“Elect a winner, Mainers — elect Austin Theriault.”

Theriault, a Maine state representative, told Fox News Digital, “Speaker Johnson is fighting for rural conservative values,” and he appreciates the support.

Mike Johnson at GOP presser

Johnson told people of Maine to get out and vote for Theriault, a former NASCAR driver, calling him a successful, “hardworking public servant.” (Kevin Dietsch/Getty Images)

“Joe Biden and Jared Golden have failed to make life better for Mainers,” Theriault said. “I look forward to fighting for the working class by restoring energetic, effective and aggressive leadership to Maine’s 2nd congressional district.

“Join our fight to help Maine’s working class get ahead. It’s time to stand up and stop the out-of-touch elites from continuing to hurt our communities and proactively fight for a better and more prosperous future.”

Theriault’s endorsement comes as he seeks the seat held by Golden in a race expected to be one of the most competitive House races this cycle.

The former NASCAR driver announced last week on Twitter his campaign “raised more than $355K in the first 3-month fundraising period” since he entered the race.

Jared Golden

Theriault’s endorsement comes as he seeks the seat held by Golden in a race expected to be one of the most competitive House races this cycle. (Screenshot/NBC/MeetThePressNow)

Theriault has been vocal in his campaign on issues facing America, including speaking out against “pro-Hamas” protesters as well as the effort to remove former President Trump from the primary ballot in Maine. 

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Johnson is not the only House Republican leader to endorse Theriault’s House candidacy.

House Republican Conference chairwoman Elise Stefanik, R-N.Y., threw her support behind Theriault in December.





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Trump goes to federal immunity hearing, skipping Iowa, seizes media spotlight


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Donald Trump dominated the news again yesterday – we’re talking wall-to-wall all morning – simply by showing up for court.

In fact, with less than a week till the Iowa caucuses, he’ll spend two days in court – yesterday’s D.C. appearance and Thursday’s closing arguments in the civil fraud trial in New York – although in both cases he doesn’t need to show up. (In between he’ll do that Iowa town hall on Fox.)

The three-judge federal appeals panel that heard Trump’s claim of presidential immunity – two Biden appointees and one by George H.W. Bush – were openly skeptical of the arguments offered by the former president’s lawyer.

Ironically, this comes as Joe Biden’s campaign officials are complaining to journalists brought to the Wilmington headquarters that Trump should be covered more as a candidate and less as a defendant.

BIDEN TEAM COMPLAINS ABOUT TRUMP COVERAGE; THE ‘FULL HITLER’ CONFRONTATION

Former President Donald Trump in Las Vegas

Former President Donald Trump takes the stage during an organizing event at Fervent Calvary Chapel on July 8, 2023, in Las Vegas. (Ellen Schmidt/Las Vegas Review-Journal/Tribune News Service via Getty Images)

And yet there’s no question that the immunity hearing is crucial. If the appellate panel upholds Trump’s claim that he’s immune from prosecution for anything that can be construed as an official act, Jack Smith’s Jan. 6 case will be dead in the water. If the panel rules against Trump, the prosecution goes forward before the election. Of course, like Trump’s appeal of the Maine and Colorado ballot bans, it will ultimately be decided by the Supreme Court.

But by his sheer presence in the downtown criminal courthouse – and speaking to reporters afterward – Trump boosted the visibility of the hearing. Just by sitting in the same courtroom as Smith, he made it part of his campaign.

And that’s been the play all along. 

Each of the four indictments has boosted Trump politically, pushing his poll numbers up and denying his GOP rivals of much-needed oxygen, as Ron DeSantis has said. Trump’s loyal MAGA followers see these charges as a Democratic plot to keep him out of the White House. 

HOW HARVARD’S PRESIDENT HUNG ON SO LONG, DESPITE BECOMING AN UTTER EMBARRASSMENT

The more the media spotlight follows the ex-president to the courthouses, the more he can use them as a campaign vehicle.

Fueling the drama: another swatting incident, this one at Jack Smith’s home. Law enforcement officials showed up on Christmas after being falsely told that the prosecutor had shot his wife. The judge in the case, Tanya Chutkan, was also swatted.

Trump’s attorney made the strange argument that no president can be prosecuted without first being impeached and convicted. The judges weren’t buying that, saying a hypothetical president could use the military to murder his political opponents and resign before impeachment. I’d add that he could avoid an impeachment conviction if his party controlled the Senate.

Former President Donald Trump on stage at an event pointing to the crowd

Former President Donald Trump gestures on stage during the Alabama Republican Party’s summer meeting on Aug. 4, 2023, in Montgomery. (Julie Bennett/Getty Images)

Judge Karen Henderson, the Bush appointee, said: “I think it’s paradoxical to say that his constitutional duty to ‘take care that the laws be faithfully executed’ allows him to violate criminal law.” Audio from the hearing was made available. 

Biden tried to change the trajectory of his campaign with his speeches near Valley Forge and in Charleston, making harsh personal attacks on his predecessor as a liar who fomented an insurrection and is a champion of White supremacy.

But on most days, Biden is a low-key presence, taking only two quick questions from reporters with terse answers, doing fewer interviews, and news conferences are as rare as a fly-by of Jupiter’s moons. Trump, by contrast, is constantly making news. I never thought I’d see a time when a former president overshadowed an incumbent president, but here we are.

Former President Donald Trump in Indianapolis

Former President Donald Trump speaks to guests at the NRA-ILA Leadership Forum on April 14, 2023, in Indianapolis. (Scott Olson/Getty Images)

On the video channel of pillow guy Mike Lindell, Trump said: “And when there’s a crash, I hope it’s going to be during this next 12 months, because I don’t want to be Herbert Hoover.” This drew media denunciations that he was rooting for a crash – especially since the stock market just hit new highs.

Trump made a video – a virtual requirement for TV – saying that what was happening to him “only happens in third world countries or banana republics. They’re using their Department of Injustice to go after his political [opponent] and this is all him,” meaning Biden, “a hundred percent him. He’s the one that told them to do it and they obey his orders. It’s a shame.”

He added that “Joe” has to “be very careful… You don’t indict your political opponent because he opposes the corrupt election, which you know was corrupt.”

When Trump spoke for 10 minutes outside the Washington courthouse yesterday, he said they’d had “a very good day.” But he added that if he loses the appeal, “It will be bedlam in the country.”

SUBSCRIBE TO HOWIE’S MEDIA BUZZMETER PODCAST, A RIFF ON THE DAY’S HOTTEST STORIES

Both CNN and MSNBC soon broke away. CNN’s Kaitlan Collins offered an instant fact check, saying there is no evidence of significant voter fraud in 2020, and that Biden is not prosecuting Trump. 

Even after a contentious Pentagon news conference revealing that Defense Secretary Lloyd Austin has prostate cancer and that his refusal to disclose that serious illness is under investigation, the networks quickly went back to the Trump court hearing.

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Another day, another news cycle, dominated by Donald Trump.



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Judge halts enforcement of OH law requiring parental consent for social media


  • A federal judge issued a temporary restraining order Tuesday, halting enforcement of an Ohio law requiring children under 16 to receive parental consent before accessing social media apps.
  • U.S. District Court Judge Algenon Marbley ruled in favor of NetChoice, a group representing TikTok, Meta, and other social media titans.
  • Despite calling the law’s intent “a laudable aim,” Marbley doubts Ohio will be able to prove it is “narrowly tailored to any ends that it identifies.”

A federal judge issued an order Tuesday temporarily halting enforcement of a pending Ohio law that would require children to get parental consent to use social media apps.

U.S. District Court Judge Algenon Marbley’s temporary restraining order came in a lawsuit brought Friday by NetChoice, a trade group representing TikTok, Snapchat, Meta and other major tech companies. The litigation argues that the law unconstitutionally impedes free speech and is overbroad and vague.

While calling the intent to protect children “a laudable aim,” Marbley said it is unlikely that Ohio will be able to show the law is “narrowly tailored to any ends that it identifies.”

CONSERVATIVES BLAST REPUBLICAN OHIO GOVERNOR AS ‘COWARD’ FOR TRANSGENDER BILL VETO

“Foreclosing minors under sixteen from accessing all content on websites that the Act purports to cover, absent affirmative parental consent, is a breathtakingly blunt instrument for reducing social media’s harm to children,” he wrote.

The law is similar to those enacted in other states. It was set to take effect Jan. 15.

Social media app icons

This graphic depicts, clockwise from left, app icons for Facebook, YouTube, Snapchat and TikTok. (AP Photo/File)

Besides requiring social media companies to obtain a parent’s permission for children under 16 to sign up for social media and gaming apps, it also mandates that the companies provide parents with their privacy guidelines, so that families can know what content will be censored or moderated on their child’s profile.

The Social Media Parental Notification Act was part of an $86.1 billion state budget bill that Republican Gov. Mike DeWine signed into law in July. The administration pushed the measure as a way to protect children’s mental health, with Republican Lt. Gov. Jon Husted saying at the time that social media was “intentionally addictive” and harmful to kids.

Husted expressed disappointment in the judge’s action Tuesday.

TRUMP CALLS ON ‘ENTIRE REPUBLICAN PARTY TO UNITE’ AROUND BERNIE MORENO IN RACE FOR SEN. SHERROD BROWN’S SEAT

“The big-tech companies behind this lawsuit were included in the legislative process to make sure the law was clear and easy to implement, but now they claim the law is unclear,” he said in a statement. “They were disingenuous participants in the process and have no interest in protecting children.”

The governor also lamented the decision.

“The negative effects that social media sites and apps have on our children’s mental health have been well documented, and this law was one way to empower parents to have a role in their kids’ digital lives,” he said in a statement.

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NetChoice filed suit against GOP Attorney General Dave Yost in U.S. District Court for the Southern District of Ohio. The group has won lawsuits against similar restrictions in California and Arkansas.



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‘We’re going to do well here’


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With six days to go until Iowa’s caucuses kick off the Republican presidential nominating calendar, Florida Gov. Ron DeSantis no longer predicts victory and instead vows that “we’re going to do well here.”

DeSantis, at a Fox News town hall on Tuesday in Iowa’s capital and largest city, emphasized that the battle for the GOP nomination “is a long process” and pledged that he’s “in it for the long haul.”

DeSantis, who was convincingly re-elected to a second term as Florida governor 14 months ago, was once the clear alternative to former President Trump in the Republican White House race. He was solidly in second place behind former Trump, who remains the commanding front-runner as he makes his third straight presidential bid.

HEAD HERE FOR THE LATEST DEVELOPMENTS FROM THE RON DESANTIS FOX NEWS TOWN HALL

Ron DeSantis at a Fox News town hall in Des Moines, Iowa

Florida Gov. Ron DeSantis (right), a Republican presidential candidate, joins hosts Martha MacCallum and Bret Baier for a Fox News town hall in Des Moines, Iowa, on Jan. 9, 2023 (Fox News – Paul Steinhauser )

But after a series of campaign setbacks over the summer and autumn, DeSantis saw his support in the polls erode.

Rival Nikki Haley, the former South Carolina governor who served as ambassador to the United Nations in the Trump administration, in recent weeks has caught up with DeSantis for second place in the polls in Iowa and in national surveys. 

Haley also surpassed DeSantis and surged to second place and narrowed the gap with Trump in New Hampshire, which holds the first primary — just eight days after Iowa.

Last month, in multiple interviews, even though he was down double digits in the polls to Trump in Iowa, DeSantis predicted victory.

“We’re going to win Iowa. We’ve got the organization in place,” the governor declared in a Fox News Digital interview in Bettendorf, Iowa a week before Christmas.

TRUMP TAKES NO CHANCES AS IOWA’S PRESIDENTIAL CAUCUSES APPROACH

But on Tuesday, when asked by Fox News’ “Special Report” chief political anchor Bret Baier and “The Story” executive editor and anchor Martha MacCallum — the moderators of the town hall — about his finish in a state that many consider make-or-break for him. DeSantis twice answered “we’re going to do well.”

“I kind of like having lower expectations, to be honest with you,” he added. “I’ve been an underdog my whole life and everything I’ve ever done.”

And he argued that “the media has kind of tried to go at me a little bit on that… Let them say that. We have it within our power to prove them wrong, and we will do that.”

Asked if his campaign would advance to New Hampshire regardless of his finish in Iowa, DeSantis reiterated “yes, of course.”

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And DeSantis touted his get-out-the-vote efforts in Iowa, which are heavily reliant on Never Back Down, an aligned super PAC

“We have massive numbers of people. I think we have more commits than anyone’s ever had in an Iowa caucus. We have all the counties organized. People that have been involved in this process say it’s the best yet,” he said.

Haley joined Fox News on Monday for a similar town hall, and Trump will take questions from Baier and MacCallum on Wednesday at 9 p.m. ET.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.



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‘We will miss her beyond measure’


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Former first lady Melania Trump announced the passing of her mother, Amalija Knavs, on Tuesday.

“It is with deep sadness that I announce the passing of my beloved mother, Amalija,” the former first lady wrote in a X post.

Trump called her mother “strong” and “entirely devoted” to her family.

“Amalija Knavs was a strong woman who always carried herself with grace, warmth, and dignity,” Trump wrote. “She was entirely devoted to her husband, daughters, grandson, and son-in-law.”

“We will miss her beyond measure and continue to honor and love her legacy,” she added.

MELANIA TRUMP SPENDS CHRISTMAS WITH AILING MOTHER, MISSING MAR-A-LAGO CELEBRATION

First lady Melania Trump’s parents, Viktor Knavs and the late Amalija Knavs arrive on the South Lawn of the White House, on March 31, 2019 in Washington, DC. (OLIVIER DOULIERY/AFP via Getty Images)

The news comes after former President Donald Trump said that Knavs was “very ill” at his New Year’s Eve’s celebration at his home in South Florida.

MELANIA TRUMP TO SPEAK TO NEW AMERICAN CITIZENS ABOUT RESPONSIBILITY OF ‘GUARDING OUR FREEDOM’

“Hopefully she’ll be recovering,’ the former president said after mentioning he had gotten off the phone with Melania who was at a Miami hospital with her sick mother.

“It’s a tough one, a very tough one,” Trump continued.

Viktor and the late Amalija Knavs, the parents of US First Lady Melania Trump, make their way to a vehicle upon arrival at Palm Beach International Airport in West Palm Beach, Florida on March 17, 2017. (MANDEL NGAN/AFP via Getty Images)

Similarly, Melania was absent from the family’s Christmas celebrations as she took care of her ailing mother.

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“Melania has always been very devoted to her entire family,” a source close to Melania Trump told Fox News Digital. “It should be no surprise that she spent this Christmas with her ailing mother.” 

Fox News’ Brooke Singman contributed to this report.



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GOP presidential candidates fire off thoughts on Ron DeSantis’ Fox News town hall


Florida GOP Governor Ron DeSantis’ rivals for the 2024 Republican presidential nomination took aim at the populist presidential candidate after his Tuesday town hall event.

DeSantis joined Fox News for a town hall event in the Hawkeye State ahead of the famous Iowa Caucus, where the governor spoke on inflation and government accountability and took questions from the audience.

Following DeSantis’ town hall discussion with Fox News’ Bret Baier and Martha MacCallum, though, the Florida governor’s GOP rivals fired off their thoughts on his performance.

RIVAL GOP CAMPAIGNS WEIGH IN ON HALEY’S FOX NEWS TOWN HALL PERFORMANCE: ‘REJECT HER ON CAUCUS NIGHT’

Ron DeSantis

Gov. Ron DeSantis announced plans Tuesday to permanently eliminate COVID-19 mandates in Florida during the upcoming legislative session. (Ron DeSantis via Twitter)

Former President Trump’s campaign went off during the town hall event, attacking DeSantis’ record on the COVID-19 pandemic and claiming in one post that the Florida governor “issued some of the most draconian Covid restrictions of anywhere in the United States.”

In another post, the Trump campaign wrote, “Ron DeSanctimonious PRAISES Trump’s COVID Task Force, says Fauci and Birx were doing a good job,” with a clip of DeSantis from during the COVID-19 pandemic.

“Ron DeSantis and his allies have set him up for devastating failure,” the Trump campaign tweeted. “Everything he does is one giant astroturf that will be exposed in just a few short days.”

Trump’s campaign also shared a CNN clip that the campaign said “exposed” the governor as a “massive COVID hypocrite.”

“MUST WATCH: DeSantis EXPOSED as MASSIVE COVID HYPOCRITE, repeatedly praised Fauci and his policies during the pandemic,” Trump wrote.

Donald Trump wearing a red make america great again hat

Former President Trump’s campaign went off during the town hall event, attacking DeSantis’ record on the COVID-19 pandemic and claiming in one post that the Florida governor “issued some of the most draconian Covid restrictions of anywhere in the United States.” (Sean Rayford/Getty Images)

Former South Carolina Governor Nikki Haley’s campaign chirped at DeSantis during his town hall, too, slamming the governor over his answers to various questions, from inflation to his polling numbers against President Biden.

“RON DESANTIS on inflation: ‘This was created by Washington,’” Haley’s campaign tweeted on Tuesday. “Uh, Ron, you were in Washington and you voted to increase the debt limit.”

“Tonight, Iowa voters saw a desperate, flailing Ron DeSantis trying to cover up his record of banning fracking and drilling in Florida, and voting to increase the debt limit in Congress. The more DeSantis loses, the more he lies,” AnnMarie Graham-Barnes, Haley campaign spokesperson, told Fox News Digital following the town hall.

“FUN FACT: Ron DeSantis performs the worst against Biden,” Haley’s campaign wrote in another tweet. “LOL.”

“Question from voter: Why is it so hard for you to win over conservatives?” another tweet from Haley’s camp read. “Ron DeSantis: Word [salad emoji].”

Nikki Haley campaigns with New Hampshire Gov. Chris Sununu

Former South Carolina Governor Nikki Haley’s campaign chirped at DeSantis during his town hall, too, slamming the governor over his answers to various questions, from inflation to his polling numbers against President Biden. (Kathryn Gamble/Bloomberg via Getty Images)

When asked for comment, DeSantis’ campaign pointed to a tweet by the governor slamming Haley and Trump and sharing a clip of his comments from his Fox News town hall.

“Donald Trump’s running for his issues. Nikki Haley’s running for her donors’ issues,” DeSantis wrote.

“I’m running for your issues, your family’s issues, and to turn this country around,” he added.

DeSantis was the second GOP presidential candidate this week to hold a Fox News town hall ahead of the Iowa Caucus next week.

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The Florida governor is vying for the GOP nomination to take on President Biden for the White House in November. 

However, the battle for the nomination is far from over: DeSantis will have to get through Haley and Trump to get the Republican Party’s coveted nod.





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Wisconsin city’s mobile absentee voting van is illegal, judge rules


  • Wisconsin law does not allow usage of mobile absentee voting sites, a judge ruled late Monday.
  • Racine County Circuit Judge Eugene Gasiorkiewicz sided with Republican plaintiffs who had challenged Racine’s usage of a “voting van” that meandered about the city’s streets in 2022.
  • “Nowhere can this Court find or has been provided any authority allowing the use of a van or vehicle as an alternate absentee voting vehicle,” Gasiorkiewicz wrote.

A Wisconsin judge has ruled that state law does not allow the use of mobile absentee voting sites, siding with Republicans who had challenged Racine’s use of a voting van that traveled around the city in 2022.

Republicans opposed the use of the van, the only one of its kind in Wisconsin, saying its use was against the law, increased the chances of voter fraud and was used to bolster Democratic turnout.

Racine officials, the Democratic National Committee and the Milwaukee-based voting advocacy group Black Leaders Organizing for Communities refuted those claims and defended the legality of the van, saying there was no specific prohibition against it.

ILLINOIS ELECTIONS BOARD TO VOTE ON WHETHER TRUMP CAN APPEAR ON STATE GOP’S PRIMARY BALLOT

The lawsuit over the mobile voting van is one of several in battleground Wisconsin that could affect voting rules in the upcoming presidential election.

The van was first used in Racine’s municipal elections in 2022. It was purchased with grant money Racine received from the Center for Tech and Civic Life, the nonprofit created by Facebook founder Mark Zuckerberg and his wife. Republicans have been critical of the grants, calling the money “Zuckerbucks” that they say was used to tilt turnout in Democratic areas.

The van was used only to facilitate early in-person voting during the two weeks prior to an election, Racine City Clerk Tara McMenamin said. She said the vehicle was useful because it was becoming too cumbersome for her staff to set up their equipment in remote polling sites.

Wisconsin absentee voting van

The voting van used by the City of Racine Clerks Office is photographed at the Dr. Martin Luther King Community Center in Racine, Wisconsin, July 26, 2022. (Ryan Patterson/The Journal Times via AP, File)

It traveled across the city to meet voters in their neighborhoods and collect early ballots.

The Wisconsin Institute for Law and Liberty, on behalf of Racine County Republican Party Chairman Ken Brown, filed a complaint the day after the August 2022 primary with the Wisconsin Elections Commission, arguing that the van was against state law. They argued that it was only sent to Democratic areas in the city in an illegal move to bolster turnout.

McMenamin disputed those accusations, saying that it shows a misunderstanding of the city’s voting wards, which traditionally lean Democratic.

The elections commission dismissed the complaint four days before the November election that year, saying that there was no probable cause shown to believe the law had been broken. That led the Wisconsin Institute for Law and Liberty to then file its lawsuit.

Racine County Circuit Judge Eugene Gasiorkiewicz, in a ruling late Monday, overturned the elections commission’s dismissal of the complaint, saying state election laws do not allow for the use of mobile voting sites.

“Nowhere can this Court find or has been provided any authority allowing the use of a van or vehicle as an alternate absentee voting vehicle,” the judge wrote.

He rejected the argument from defendants that the use of mobile voting sites was allowable because there is no specific prohibition against them.

The judge said his ruling wasn’t a determination on whether mobile voting sites were a good idea or not. That is up to the Legislature to decide, Gasiorkiewicz said.

VIRGINIA DROPS LAST REMAINING CHARGE AGAINST DC-AREA ELECTIONS OFFICIAL

The Wisconsin Elections Commission and the state Department of Justice, which represented it in the lawsuit, did not return messages seeking comment on whether the decision will be appealed. McMenamin said the decision was being reviewed and next steps would be more clear next week.

Early in-person absentee voting in Wisconsin for the municipal spring election begins Feb. 6. The presidential primary is April 2, with absentee voting allowed two weeks before it.

If appealed, the case could ultimately be decided by Wisconsin’s liberal-controlled state Supreme Court.

Lucas Vebber, deputy counsel at the Wisconsin Institute for Law and Liberty, hailed the ruling.

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“Wisconsin voters should know that their elections are secure, and that election administration does not favor one political party over another,” Vebber said. “This decision does just that.”



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Border talks stuck on parole authority


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A border deal that was anticipated to be finalized in text this week has hit a roadblock but is still progressing, according to Sen. James Lankford, R-Okla.

“There’s too many unanswered issues” for officials to sort through still, Lankford, one of the key negotiators, told reporters Monday. 

One of those “unanswered issues” lawmakers are stuck on is a key policy issue dividing Republicans and Democrats — parole authority. 

Parole authority, an integral border policy that allows illegal migrants to live in the U.S. temporarily and obtain their green cards, was expanded under the Biden administration to permit 30,000 nationals from four nations to fly in and receive parole into the U.S. monthly, forming part of the administration’s strategy to address the continuous crisis at the southern border.

KEY LAWMAKERS RETURN TO THE HILL EARLY TO CONTINUE BORDER SECURITY TALKS AS HOUSE REPUBLICANS VISIT BORDER 

Lankford speaks in a hearing

Sen. James Lankford speaks during a Senate Finance Committee hearing on the nomination of Chris Magnus to be the next U.S. Customs and Border Protection commissioner in the Dirksen Senate Office Building on Capitol Hill in Washington Oct. 19, 2021.  (Mandel Ngan/Pool via REUTERS)

Lankford, alongside other lead negotiators Kyrsten Sinema, I-Ariz., and Chris Murphy, D-Conn., began negotiations with U.S. Department of Homeland Security Secretary Alejandro Mayorkas and other Biden officials a week before the upper chamber was scheduled to go on its holiday recess.

Republicans want several measures included in a deal, including more restrictions on parole and reforming how asylum is granted, making the process more stringent for qualifying for asylum. They also want to increase detention beds and the presence of parole agents.  

DEMOCRAT SENATOR SOUNDS ALARM ON ‘CRISIS’ AT SOUTHERN BORDER, URGES NEGOTIATORS TO STRIKE A DEAL

On Wednesday, House Republicans and the Senate Republican Conference will receive a briefing from Lankford on the status of the negotiations. Sen. Rick Scott, R-Fla., on Tuesday said one of his questions is whether there will be “anything in this bill that’s going to deal with the people that are here illegally.”

“My understanding is that McConnell doesn’t want to tie having a secure border to Ukraine aid,” Scott said. “So, what are we going to tie to make sure that the Biden administration actually does whatever we pass?”

The Senate is also dealing with an upcoming Jan. 19 deadline to pass critical funding for several federal agencies and avert a government shutdown. The second deadline for the remaining agencies is Feb. 2.

Border Patrol agents stand in front of gate

Migrants wait in line adjacent to the border fence under the watch of the Texas National Guard to enter into El Paso, Texas, May 10, 2023. (AP Photo/Andres Leighton, File)

Sen. Ron Johnson, Wis., told reporters Tuesday “the real conundrum Republicans face is trying to negotiate a deal with this president.”

“It’s like negotiating with the arsonist to put out the fire he or she started,” he said.

Sen. Roger Marshall, R-Kan., told reporters Monday he doesn’t “think there’s going to be enough for us to get it on the January 19 package, but maybe there will be by February 2, and that makes more sense to me.”

SENATE NOT EXPECTED TO RELEASE TEXT ON BORDER PACKAGE THIS WEEK

Lawmakers hope to strike a deal that will tie border security measures into the national supplemental funding request that would provide some $60 billion to Ukraine and $14 billion to Israel. But GOP lawmakers have insisted that either the supplemental or government funding have some border security conditions attached to it. 

Joe Biden at border

President Biden walks with U.S. Border Patrol agents along a stretch of the U.S.-Mexico border in El Paso Texas, Jan. 8, 2023.  (AP Photo/Andrew Harnik)

“It should surprise no one that it’s going to take time,” Sen. Majority Leader Chuck Schumer, D-N.Y., said on the floor Tuesday. “Of all the difficult issues we face in this room, in this chamber, immigration is near the top.”

But the upper chamber could be headed for a showdown in the GOP-controlled House if the border agreement lacks elements of H.R. 2, or the Secure the Border Act. 

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There were over 302,000 migrant encounters in December, after a fiscal 2023 that saw a record 2.4 million encounters overall. A recent Immigration and Customs Enforcement report said the agency removed 142,580 illegal immigrants in fiscal 2023, up considerably from 72,177 in fiscal 2022 and 59,011 in fiscal 2021, but still down from the highs of 267,258 under the Trump administration in fiscal 2019.

Fox News’ Adam Shaw contributed to this report. 



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Florida Legislature opens as DeSantis prepares to return to Iowa


The Florida Legislature opened its annual 60-day session Tuesday and prepared to hear Gov. Ron DeSantis give his State of the State address before he heads back to Iowa for next week’s crucial presidential caucuses.

TRUMP TAKES NO CHANCES AS IOWA’S REPUBLICAN PRESIDENTIAL CAUCUSES APPROACH

The Senate and House began the largely ceremonial proceedings, with lawmakers coming together for optimistic speeches from the Republican leaders of each chamber. Flowers adorned the lawmakers’ 160 desks as Cabinet members, Supreme Court Justices and former leaders gathered waiting for DeSantis.

Republican presidential candidate Florida Governor Ron DeSantis speaks at podium in Iowa

Republican presidential candidate and Florida Governor Ron DeSantis speaks to guests at Ashley’s BBQ Bash, hosted by Congresswoman Ashley Hinson (R-IA), on August 6, 2023 in Cedar Rapids, Iowa. (Photo by Scott Olson/Getty Images)

Unlike past years, DeSantis has largely been quiet about what he hopes to achieve during the session, focusing instead on his presidential campaign, where polls show he badly trails former President Donald Trump in Iowa and New Hampshire.

The opening of the session was also marked by stormy weather as strong winds and rain pounded the Florida Panhandle while rolling toward Tallahassee. Chief Financial Officer Jimmy Patronis skipped the ceremonies to travel to the Panama City area to view storm damage.

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“I think tropical storm force winds on opening day means good luck, kind of like rain on your wedding day,” Senate President Kathleen Passidomo said. “I hope the old adage in like a lion, out like a lamb will ring true this session.”



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Trump ambassador issues blistering critique of Biden’s handling of Defense Sec Austin absence: ‘Alarming’


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A former ambassador slammed President Biden’s handling of Defense Secretary Lloyd Austin’s mystery ailment and hospitalization, saying it’s “alarming” that Biden did not notice he was “out of action” sooner.

The Pentagon alerted the media last Friday that Austin was hospitalized on Jan. 1 and remains under the care of the Walter Reed Army Medical Center. Details about Austin’s medical condition are unclear. Officials stated that he underwent an elective medical procedure last month and was hospitalized in the following days.

Biden, along with the National Security Council and leaders at the Pentagon, including Deputy Secretary of Defense, Kathleen Hicks, were not informed for several days that Austin had been admitted to the hospital’s intensive care unit for treatment on New Year’s Day.

Now, James Gilmore, who served as ambassador to the U.S. Organization for Security and Cooperation in Europe during the Trump administration, said it’s worrisome that Biden is “so detached” from his Defense Department that he did not notice his absence.

DEFENSE SECRETARY AUSTIN HAS NO PLANS TO RESIGN, PENTAGON SAYS

Jim Gilmore

Former Trump ambassador James Gilmore said it’s ‘alarming’ Biden did not know Defense Secretary Lloyd Austin was out of action.  (Photo by Darren McCollester/Getty Images)

“From my experience as ambassador, I know that our allies need to know that the United States is competent and organized to provide leadership in a time of global conflict,” Gilmore, the former governor of Virginia with a background in military intelligence stemming from his military service during the Vietnam War, told Fox News Digital. “The world, allies and adversaries, watches the U.S. and its leadership every day for signs of strength or weakness.”

“It is alarming that President Biden is so detached from his Defense Department, that he didn’t even know the Secretary was out of action, and that the Defense leadership didn’t feel the need to tell him,” Gilmore said. “Biden is only an ‘autopilot President’, who daily shows he is not in control in this time of great danger to our country.”

A Biden administration official responded to the critique by telling Fox News Digital by saying, “I’m not familiar with him.”

“But if he had nothing to say when Donald Trump outright lied to the American public about his covid case at the height of the pandemic, then I can’t hear him now,” the official continued.

The ordeal has led to Trump saying Austin “should be fired immediately” and other Republicans demanding he step down from his post.

President Biden, left, and Defense Secretary Lloyd Austin, right

President Biden, left, and Defense Secretary Lloyd Austin, right (Demetrius Freeman/The Washington Post via Getty Images )

“He has been missing for one week, and nobody, including his boss, Crooked Joe Biden, had a clue as to where he was or might be,” Trump said in a previous Truth Social post.

Indiana Republican Rep. Jim Banks told Axios over the weekend that Austin “has been a disaster since Day One and should be replaced by someone who will focus on making the military ready to fight and win wars instead of advancing woke political causes of the Biden admin.”

Rep. Matt Rosendale’s, R-Mont., office told Fox News Digital on Monday that the lawmakers was introducing articles of impeachment against Austin because he believes Austin “violated his oath of office” on multiple occasions, citing the Biden administration’s withdrawal from Afghanistan, the migrant crisis at the border, and last year’s incident with a Chinese spy craft floating above the continental U.S.

“Sec. Austin knowingly put the American people in danger and compromised our national security when he allowed a spy balloon from a foreign adversary to fly over Malmstrom Air Force Base – home to ICBMs – and allowed the Chinese Communist Party to gather intel on American citizens,” the Montana Republican said.

DEFENSE SECRETARY AUSTIN RESUMES DUTIES, WAS IN INTENSIVE CARE UNIT FOR DAYS AS PUBLIC KEPT IN THE DARK

Trump speaks at TPUSA

Former President Donald Trump speaks at the Turning Point USA Student Action Summit, on Saturday July 23, 2022 in Tampa, Florida  (Sarah Freeman/Fox News)

Others, such as Georgia Republican Rep. Marjorie Taylor Greene, said Austin isn’t “capable” of leading the Defense Department.

“And he just proved it again by keeping it a secret when he was very sick and in the ICU,” Greene posted on X. 

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The secret hospitalization has caused headaches for the White House, who told Fox News Digital on Monday morning that Biden has no plans to replace Austin and “continues to have full trust and confidence in the Secretary.”

Though still hospitalized, Austin has resumed his duties and is now recovering from treatment and an undisclosed illness. 

Fox News’ Elizabeth Elkind contributed reporting.

Fox News Digital’s Emma Colton contributed to this report.



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Fulton County prosecutor, Fani Willis romantic partner met with Biden White House twice before charging Trump


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The Fulton County prosecutor, who District Attorney Fani Willis allegedly had an “improper” romantic relationship with, met with the Biden White House twice last year as he worked to investigate former President Trump’s alleged election interference, according to court documents.

According to a new filing from a co-defendant in the Trump case, Willis hired special prosecutor Nathan Wade, her alleged partner, to prosecute Trump, and benefited financially from the relationship in the form of vacations the two took using funds his law firm received for working the case.

Fani Willis and Nathan Wade

Fulton County, Georgia, District Attorney Fani Willis and special prosecutor Nathan Wade (Getty Images)

TOP TRUMP PROSECUTOR, GEORGIA DA ALLEGED TO BE IN ‘IMPROPER’ ROMANTIC RELATIONSHIP: COURT FILING

But also embedded in the filing are invoices for the Law Offices of Nathan J. Wade. One invoice calls attention for “Fulton County District Attorney’s Office.”

Wade billed the county for a May 23, 2022, event described as “Travel to Athens; Conf with White House Counsel.” Wade charged $2,000 for eight hours at $250 an hour.

Several months later, Wade billed for “Interview with DC/White House” on Nov. 18, 2022. Wade, again, charged $2,000 for eight hours at $250 an hour, according to the documents.

The subject of the meetings remains unclear. 

Former President Donald Trump

Former President Donald Trump waves to the crowd on the field during halftime in the Palmetto Bowl on Nov. 25, 2023, in Columbia, South Carolina. (Sean Rayford/Getty Images)

The White House did not immediately respond to Fox News Digital’s request for comment.  

President Joe Biden

President Biden at the White House on Dec. 13, 2023. (Chip Somodevilla/Getty Images)

“Fani Willis’ alleged romantic partner/special prosecutor coordinated with the White House while building the political prosecution of Donald Trump,” Sen. Marsha Blackburn, R-Tenn., posted on X reacting to the filing Tuesday. “All on the taxpayer dime.”

“It has become increasingly clear that the Biden White House is directing these baseless, political prosecutions against President Trump because they know they cannot beat him fair and square at the ballot box,” MAGA Inc. spokeswoman Karoline Leavitt told Fox News Digital. “This latest news about Fani Willis is disturbing, yet sadly unsurprising.” 

Meanwhile, Fulton County records show Wade has been paid nearly $654,000 in legal fees since January 2022, an amount authorized by the district attorney, or Willis in this case.

The revelations come as part of a motion that was filed on behalf of former Trump campaign official Michael Roman, a co-defendant in the case, in a bid to have the charges against him dismissed.

It cites “sources close to both the special prosecutor and the district attorney” as confirming “they had an ongoing, personal relationship.”

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The filing also calls for the entire District Attorney’s Office, including Willis and Wade, to be disqualified from prosecuting the case.

In August, Willis charged Trump out of her investigation into his alleged efforts to overturn the 2020 presidential election in the state. Trump was charged with one count of violation of the Georgia RICO Act, three counts of criminal solicitation, six counts of criminal conspiracy, one count of filing false documents and two counts of making false statements.

Trump pleaded not guilty to all charges. 

Roman, alongside Trump, was hit with a racketeering charge as part of Willis’ case, and was charged with seven felony counts last August.



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How and where to watch Ron DeSantis’ town hall with Fox News


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Fox News Channel is set to host a live town hall with Republican presidential candidate Gov. Ron DeSantis on Tuesday, January 9.

The hour-long event will air at 6 p.m. ET in front of a live audience in Iowa — where GOP candidates are competing for voter attention ahead of the state’s Jan. 15 caucuses that kick off the 2024 presidential nominating calendar.

Fox News’ Bret Baier and Martha MacCallum, who co-moderated the first presidential primary debate of the 2024 cycle in Milwaukee, will lead the questioning during Monday’s town hall.

TUNE INTO FOX NEWS TO WATCH GOP HOPEFUL RON DESANTIS IN AN EXCLUSIVE TOWN HALL

DeSantis is a must-watch GOP candidate ahead of the Iowa caucuses set for early next week. The presidential hopeful has been a vocal frontrunner on the campaign trail thus far. Baier and MacCallum are expected to discuss numerous issues with DeSantis, on a broad range of topics important to American voters.

Bret and Martha

“The Story” executive editor and anchor Martha MacCallum and “Special Report” chief political anchor Bret Baier will co-moderate Fox News town halls for three-straight nights. (Fox News)

How to watch

The town hall event featuring DeSantis will be televised on FOX News Channel, and viewers can access a live stream on FOX Nation, FOX News Media’s streaming platform, as well as on FOXNews.com and FOXBusiness.com. FOX websites will also include debate reporting and a live blog throughout the night.

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The event is the second during the week of highly anticipated Fox News town halls. Pesidential candidate Nikki Haley participated in a Fox News town hall Monday and former President Donald Trump will be at an Iowa town hall on Wednesday evening.

Fox News’ Brian Flood contributed to this report.



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Opening statements expected in trial over constitutional challenge to Georgia voting system


Opening statements are expected Tuesday as the trial in a long-running legal challenge to the constitutionality of Georgia’s election system begins in federal court in Atlanta.

Election integrity activists argue the system is vulnerable to attack and has operational issues that amount to an unconstitutional burden on citizens’ fundamental right to vote and to have their votes counted accurately. State election officials insist that they’ve taken appropriate protective measures and that the system is reliable.

The case stems from a lawsuit originally filed in 2017 by election integrity activists — individual voters and the Coalition for Good Governance, which advocates for election security and integrity. It initially attacked the outdated, paperless voting machines used at the time but has since been amended to target the newer machines in use statewide since 2020.

GEORGIA LAWMAKERS WILL TURN ATTENTION TO ANTISEMITISM, ELECTIONS AS 2024 REGULAR SESSION BEGINS

That newer system, made by Dominion Voting Systems, includes touchscreen voting machines that print ballots with a human-readable summary of voters’ selections and a QR code that a scanner reads to count the votes. The activists argue the current system is no more secure or reliable than the old system and are asking U.S. District Judge Amy Totenberg to order the state to stop using it.

Secretary of State Brad Raffensperger has repeatedly defended the system and has dismissed the concerns raised by the activists as unfounded. He and his lawyers have at times lumped the plaintiffs in this lawsuit in with supporters of former President Donald Trump who have pushed false allegations of election fraud after the 2020 election, including outlandish claims about the Dominion voting machines.

Georgia voting, election, voting machine, voting activists

A touchscreen voting machine and printer are seen inside a voting booth in Paulding, Ga. 

“Georgia’s election security practices are top-tier. Casting doubt on Georgia’s elections, which these plaintiffs and deniers are doing, is really trying to cast doubt on all elections. That is dangerous and wrong,” secretary of state’s office spokesperson Mike Hassinger said in an emailed statement Monday. “Our office continues to beat election deniers in court, in elections, and will ultimately win this case in the end as well.”

Totenberg, who has expressed concerns about the state’s election system and its implementation, wrote in a footnote in an October order that the evidence in this case “does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation’s leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs’ case in the long course of this litigation.”

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One of those experts, University of Michigan computer science expert J. Alex Halderman, examined a Georgia voting machine and wrote a lengthy report identifying vulnerabilities he said he found and detailing how they could be used to change election results. The U.S. Cybersecurity and Infrastructure Security Agency, or CISA, in June 2022 released an advisory based on Halderman’s findings that urged jurisdictions that use the machines to quickly mitigate the vulnerabilities.

Dominion, which has consistently insisted its equipment is accurate and secure, issued a software update last spring that it says addresses the concerns. Raffensperger has said the time and effort needed to install that update on every piece of voting equipment means it is not feasible before the 2024 election cycle.

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The plaintiffs and their experts have said they have seen no evidence that Georgia’s elections have been manipulated by bad actors, but they argue existing security flaws must be addressed to prevent future harm. The need to act became more urgent after unauthorized people accessed voting equipment in a rural Georgia county elections office in January 2021 and distributed the software and data online, they argue.

The plaintiffs advocate the use of hand-marked paper ballots tallied by scanners. Totenberg already wrote in October that she cannot order the state to switch to a system that uses hand-marked paper ballots. But she wrote that she could order “pragmatic, sound remedial policy measures,” including eliminating the QR codes on ballots, stronger cybersecurity measures and more robust audits.



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Ahead of first 2024 election votes, American says Biden is ‘a puppet’ and ‘too old’ to be effective leader


Americans in Silicon Valley shared whether they believe President Biden’s leadership has been effective enough to earn him another term ahead of the 2024 election, with several pointing to his age as a concern.

“I do feel like he’s a little too old,” Travis said in San Jose. “I kind of see him more as a puppet. He just kind of signs and goes with the flow.”

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But Richard disagreed.

“I think he’s doing a great job,” Richard said. “The public perception — in particular, a lot of the advertising focused on his age and moments when he looks on camera to be a doddering old man — is a weakness, but his actual record is very impressive.”

President Joe Biden speaking

Ahead of the 2024 election, some Americans say President Biden is too old to run again.  (Chris Kleponis/CNP/Bloomberg via Getty Images)

Over three-quarters of respondents in a Reuters/Ipsos poll published in September said Biden — the oldest chief executive to serve — is too old to be president. The survey also found the 81-year-old and former President Trump would tie in a hypothetical election.

Earlier this month, a JPMorgan strategist predicted that Biden would drop out of the 2024 race sometime between Super Tuesday and Election Day due to health reasons.

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“I think his leadership is weak, but I think people are kind of bought into it,” Steve told Fox News. “I don’t think most people are excited about Biden, but I think they are less enthusiastic about change with anyone else.”

Former President Trump speaking

One American says Biden is a more effective leader than former President Trump.  (AP Photo/Andrew Harnik)

YOUNG EX-BIDEN SUPPORTERS ‘BAILING’ ON PRESIDENT, AGONIZING OVER 2024: ‘COULD NOT LIVE WITH MYSELF’

Ken said he prefers Biden over former President Trump.

“It’s better than the leadership we had prior,” he said. 

Biden’s approval rating, which ended 2023 at 39%, is the lowest among modern presidents seeking re-election at this point in their terms, according to a Dec. 22 Gallup poll. That’s a slight rise from Biden’s 37% approval rating over the past two months. 

American walking in Silicon Valley

Sarah, who voted for Biden in 2020, says the president has both good and bad qualities but would prefer a new candidate for the 2024 election.  (Fox News/Jon Michael Raasch)

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“I think there’s some good qualities and some bad qualities,” said Sarah, who voted for Biden in 2020.

“I would not be excited about voting for him again, and I don’t know that I would,” Sarah told Fox News. “I would just like a new candidate to vote for in 2024.” 

Ramiro Vargas contributed to the accompanying video.



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Appeals court strikes down Biden admin’s crackdown on dishwashers


A federal appeals court struck down Department of Energy (DOE) regulatory actions targeting dishwashers as part of the Biden administration’s aggressive climate and energy efficiency agenda.

The U.S. Court of Appeals for the Fifth Circuit issued a ruling late Monday overturning the DOE’s decision in 2022 to repeal a Trump-era regulation governing water use in dishwashers and clothes washers. The panel’s ruling is a victory for both Republican states which sued DOE over its actions and consumer advocacy groups which have argued against overly-burdensome standards for home appliances.

“Even if DOE could consider dishwashers’ and clothes washers’ ‘efficiency’ in both ‘energy use’ and ‘water use,’ the 2020 Rules likely promoted greater efficiency in both categories than the Repeal Rule,” the court’s decision stated. “Assuming both energy conservation metrics are on the table, the States argue, and DOE does not appear to dispute, that one important aspect of that problem is whether appliance regulations actually reduce energy and water consumption.”

“Yet the administrative record contains ample evidence that DOE’s efficiency standards likely do the opposite: They make Americans use more energy and more water for the simple reason that purportedly ‘energy efficient’ appliances do not work,” it continued.

BIDEN ADMIN LAUNCHED AN AGGRESSIVE CAMPAIGN TARGETING HOME APPLIANCES WITH ECO REGULATIONS IN 2023

Secretary of Energy Jennifer Granholm

Secretary of Energy Jennifer Granholm hosts a Department of Energy news conference in Washington, D.C. (REUTERS/Mary F. Calver/File Photo)

The Fifth Circuit ruling added that highly-efficient dishwashers which use less water often force consumers to run multiple cycles or to manually handwash dishes, leading to both more overall energy and water use.

The case dates back to 2020 when the Trump administration adopted standards that the consumer group Competitive Enterprise Institute (CEI) crafted two years prior. Those standards, according to CEI, allowed for the sale of faster dishwashers and clothes washers that use slightly more water and energy.

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Then, shortly after President Biden took office in 2021, DOE moved to repeal the standards, an action it finalized in early 2022. Months later, a dozen Republican state attorneys general filed a legal challenge, asking the court to reinstate the 2020 regulations.

“These arbitrary washing machine regulations are unlawful, ineffective, and absolutely ridiculous,” Mark Brnovich, the then-attorney general of Arizona, said at the time. “They should be hung out to dry as soon as possible.”

In addition to revoking the Trump administration’s dishwasher regulations, the Department of Energy announced the new dishwasher energy efficiency standards in May 2023. (Getty Images)

DOE’s actions violated the Energy Policy and Conservation Act, and were “arbitrary and capricious,” the lawsuit argued. The Fifth Circuit appeared to agree with the states in its ruling Monday, even appearing to cast doubt on DOE’s authority to regulate dishwasher water use at all.

WHITE HOUSE UNVEILS STRICT HYDROGEN REGULATIONS IN VICTORY FOR ENVIRONMENTALISTS

“In this opinion, the court has forced DOE to follow the law and even noted that one of the positions DOE took in this suit ‘borders on frivolous.’ This decision allows manufacturers to build better dishwashers, not be encumbered by counterproductive federal regulations,” CEI attorney Devin Watkins said on Monday evening.

The ruling, meanwhile, comes amid the Biden administration’s broad efforts to regulate appliances and decrease the energy consumption of the residential sector. According to federal data, the commercial and residential sector accounts for 30% of total end-use carbon emissions in the U.S., the largest share of any sector including industry, transportation and agriculture.

President Joe Biden

The Biden administration’s war on appliances is a key cog in its efforts to rapidly decarbonize the U.S. economy. (Yuri Gripas/Abaca/Bloomberg via Getty Images)

Environmentalists have long argued in favor of appliance and energy efficiency regulations given their high use of electricity and natural gas. Green energy groups have called for the electrification of homes and businesses, reducing reliance on natural gas and simultaneously replacing current fossil fuel-fired power with alternatives like wind and solar.

DOE has pursued regulations targeting gas stoves, water heaters, home furnaces, refrigerators and several other popular appliances. Energy Secretary Jennifer Granholm vowed in December to continue issuing such rulemakings in 2024.

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“This is a huge win for consumers, especially lower income consumers, allowing them the continued freedom to choose the washing machines and dishwashers that have proven to meet their needs,” Sterling Burnett, the Heartland Institute’s director of the Robinson Center on Climate And Environmental Policy, told Fox News Digital on Tuesday.

“Water and energy use are just one factor when choosing an appliance to purchase, and the government should not be deciding for individuals that it’s the primary one,” he added. “This will keep less expensive models, effective models on the market allowing lower income Americans to purchase a new appliance when desired without necessarily having to make sacrifices elsewhere.”



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Top Trump prosecutor, Georgia DA alleged to be in ‘improper’ romantic relationship: New court filing


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A new Fulton County, Georgia court filing alleges an “improper” romantic relationship between the top prosecutor in Donald Trump’s election interference case and District Attorney Fani Willis, who brought the charges against the former president.

According to the filing, Willis hired special prosecutor Nathan Wade, her alleged partner, to prosecute Trump, and benefited financially from the relationship in the form of lavish vacations the two took using funds his law firm received for working the case.

County records show Wade has been paid nearly $654,000 in legal fees since January 2022, an amount authorized by the district attorney, or Willis in this case.

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Fani Willis and Nathan Wade

Fulton County, Georgia District Attorney Fani Willis and special prosecutor Nathan Wade. (Getty Images)

The motion was filed on behalf of former Trump campaign official Michael Roman, a co-defendant in the case, in a bid to have the charges against him dismissed.

It cites “sources close to both the special prosecutor and the district attorney” as confirming “they had an ongoing, personal relationship.”

The filing also calls for the entire district attorney’s office, including Willis and Wade, to be disqualified from prosecuting the case.

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Fox News Digital has reached out to Willis’ office and Trump for comment.



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