Texas Gov. doing ‘exactly right thing’ amid constitutional battle ever border enforcement: legal experts


The latest Supreme Court shadow docket decision in Texas’ battle with the Biden White House has sparked a showdown over the Lone Star State’s constitutional authority to defend itself with the federal government seemingly getting in its way. 

On Monday, in a 5-4 decision on an emergency appeal, the Supreme Court ruled to temporarily overturn a lower court’s injunction which banned the federal government from cutting razor fencing Texas had installed along the border near Eagle Pass while litigation continues. 

Late Wednesday night, Texas Gov. Greg Abbott declared his constitutional authority under Article 1 to reserve the right of his state to self-defense against an invasion, adding that the executive branch has broken its constitutional pact with the states by failing to enforce federal immigration laws. 

Legal experts told Fox News Digital that Texas is well within its constitutional rights and within the Supreme Court’s order to keep building the razor wire fence — even if the feds continue to cut it — ahead of an appeals court addressing the matter on the merits.

BORDER BATTLE LINES: DEMS CALL ON BIDEN TO SEIZE CONTROL OF TEXAS NATIONAL GUARD, AS GOP ALLIES BACK ABBOTT

Texas Gov. Greg Abbott

Texas Gov. Greg Abbott (Brandon Bell/Getty Images)

Gene Hamilton, vice president and General Counsel at America First Legal and a former Justice Department official in the Trump administration, said Abbott continuing to install the razor wire is “exactly the right move.”

 “Unless and until a federal judge comes in and says, ‘you may not, State of Texas, put razor wire up along the border anymore, Texas should keep doing exactly what it needs to do. And eventually, this turns into a game of will between the Feds and the State of Texas,” Hamilton said.

Hamilton noted that he believed the Supreme Court’s controversial order was wrong, and gave too much weight to the government’s assertions about the wire’s effect on the federal government’s ability to enforce the immigration laws.

He asserted that Texas was not interfering with the government’s enforcement of the laws by creating additional barriers along the border and contended that those barriers actually facilitate the federal government’s ability to deter and prohibit illegal crossings at the locations where they were present.

ABBOTT DECLARES TEXAS HAS ‘RIGHT TO SELF-DEFENSE’ FROM MIGRANT ‘INVASION’ AMID FEUD WITH BIDEN ADMIN

Texas Razor Wire Border

Texas National Guard Soldiers install razor wire long the border in an effort to stop immigrants from illegally crossing into the country from Mexico. (Texas Governor Greg Abbott)

“The Supreme Court’s two-sentence order simply vacated the injunction preventing the federal government from tearing down the barbed wire fencing Texas has placed on state property while the case is on appeal,” Hans von Spakovsky, senior legal fellow at the Edwin Meese III Center for Legal and Judicial Studies told Fox News Digital. 

 “The Supreme Court’s order does not prevent Texas from continuing to place barbed wire or other barriers along the border on state or private property. But while the case is pending, there is nothing preventing the federal government from tearing down the wire fencing,” he said.

As to Abbott’s Article 1 assertions, von Spakovsky said that “whether or not what is happening is an ‘invasion’ within the meaning of the Constitution is a controversial and legally undetermined issue.”

Article 1, Section 10, which Abbott says was “triggered” by Biden’s inaction at the border states: “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” 

“It is truly shocking and outrageous that the Biden administration has so intentionally and deliberately mishandled the security of our Southern border that states like Texas, for the first time in our history, feel the need to invoke the invasion clause,” von Spakovsky said. 

Ultimately, he says, the matter will need to be decided by the Supreme Court. 

In 2012, the Supreme Court decided a case against Arizona brought by the federal government, who sued after Arizona empowered state officials to enforce immigration laws.

Arizona lost that case, but the late Justice Antonin Scalia dissented, writing that “as a sovereign, Arizona has the inherent power to exclude persons from its territory, subject only to those limitations expressed in the Constitution or constitutionally imposed by Congress. That power to exclude has long been recognized as inherent in sovereignty.”

GOP GOVERNORS RALLY BEHIND TEXAS AS ABBOTT DEFIES BIDEN: ‘DERELICTION OF DUTY’

Texas border, migrants

 A U.S. Border Patrol agent watches over more than 2,000 migrants at a field processing center on December 18, 2023 in Eagle Pass, Texas.  (John Moore/Getty Images)

William Lane, a partner at Wiley Rein LLP and former DOJ official, suggested to Fox News Digital that the Supreme Court may eventually consider the Texas case on the merits, or a number of other challenges between states and the executive branch percolating in the courts. If the Court does choose to weigh in, it may be asked to reconsider Justice Scalia’s theory. 
 
“A decade ago, the Supreme Court rejected an attempt by Arizona to regulate immigration. Justice Scalia, dissenting, argued that states retain at least some inherent authority under the Constitution to control their borders,” said Lane.
 
“The Court has changed significantly since then, and it’ll be interesting to see whether there’s any appetite to revisit that decision as states like Texas try to address illegal immigration on their own,” he said.
 
“It should be no surprise that Governor Abbott has chosen to embrace Justice Scalia’s theory of state sovereignty in defending Texas’s actions,” he added. 

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Josh Blackman, a professor at South Texas College of Law emphasized that the high court’s Monday ruling, as an emergency docket decision, was “very narrow.” 

But, he said, “I think what we are getting closer to is, unless the Supreme Court says what Texas can and can’t do, Texas will be pushing the boundaries.”

The Fifth Circuit Court of Appeals is set to hear the merits of Texas’ case over the Eagle Pass razor wire on Feb. 7. 



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Trump tells states to send National Guard to Texas amid Abbott, Biden standoff


Former President Donald Trump on Thursday gave his backing to Texas Gov. Greg Abbott amid the latter’s feud with the Biden administration over border security — urging states to send their National Guards to the border and promising to work “hand in hand” with the state to combat the “invasion” if he is inaugurated again in January 2025.

In posts to Truth Social, Trump backed Abbott and accused President Biden of “fighting to tie the hands” of the Republican governor “so that the Invasion continues unchecked.”

A feud that has been bubbling for months between Texas and the administration exploded in recent weeks after Texas seized the Shelby Park area of Eagle Pass and blocked Border Patrol from entering — sparking protests and threats of legal action from the administration.

SPEAKER JOHNSON SAYS HOUSE ‘WILL DO EVERYTHING IN ITS POWER’ TO BACK TEXAS OVER BORDER FEUD 

The Supreme Court this week found in the administration’s favor when it granted an emergency appeal to allow agents to keep cutting border wire set up by Texas along the border, after a lower court had blocked the administration from doing so.

Former President Donald Trump in New Hampshire

Republican presidential candidate, former U.S. President Donald Trump points to supporters at the conclusion of a campaign rally at the Atkinson Country Club on January 16, 2024 in Atkinson, New Hampshire. (Brandon Bell/Getty Images)

The two sides have been feuding since 2021 when the migrant crisis escalated and Texas launched Operation Lone Star to surge resources to the border. The administration recently sued over an anti-illegal immigration law that allows state and local law enforcement to arrest illegal immigrants. It has also sued over the state’s setting up on buoys in the Rio Grande. The administration says immigration enforcement is up to the federal government and Texas is interfering. 

ABBOTT DECLARES TEXAS HAS ‘RIGHT TO SELF-DEFENSE’ FROM MIGRANT ‘INVASION AMID FEUD WITH BIDEN ADMIN 

“Whether it is leaving migrants on the side of the road in the dead of winter, installing razor wire to make Border Patrol’s job more dangerous, promoting extreme and unconstitutional laws like S.B. 4, or his latest actions in Eagle Pass, Governor Abbott has repeatedly proven that he is not interested in solutions and only seeks to politicize the border,” a recent White House statement said. 

“The President has been clear that we need adequate resources and policy changes, and that our immigration system is broken. That is why on his first day in office he presented Congress with a comprehensive immigration reform plan, and that is why he is working to find a bipartisan agreement with Congress that includes funding and meaningful reforms,” they added.

Abbott this week cited a “right to self-defense” and noted he has already declared an “invasion” to invoke the authority, which he calls “the supreme law of the land and supersedes any federal statutes to the contrary.”

Trump said that Abbott must be given ‘full support” and encouraged “all willing states to deploy their guards to Texas to prevent the entry of illegals and to remove them back across the border.”

TEXAS AG PAXTON PROMISES ‘FIGHT IS NOT OVER’ AFTER SCOTUS RULE ON BIDEN ADMIN’S RAZOR WIRE CUTTING 

“When I am President, on Day One, instead of fighting Texas, I will work hand in hand with Governor Abbott and other Border States to Stop the Invasion, Seal the Border, and Rapidly Begin the Largest Domestic Deportation Operation in History,” he said.

“Those Biden has let in should not get comfortable because they will be going home,” he said.

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Abbott has also picked up the support of more than two dozen Republican states who have publicly expressed their support for the state. Meanwhile, some Democrats have urged the Biden administration to seize control of the National Guard.

Fox News’ Greg Wehner contributed to this report.





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House Speaker Mike Johnson backs Texas in razor wire border feud with Biden


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House Speaker Mike Johnson says the Republican-controlled House “will do everything in its power” to support Texas over its ongoing feud with the Biden administration over border security — after the Lone Star State said it has a “right to self-defense.”

“I stand with Governor Abbott. The House will do everything in its power to back him up,” he said on X, formerly known as Twitter. “The next step: holding [DHS] Secretary [Alejandro] Mayorkas accountable.”

Abbott on Tuesday declared the state has a right to “self-defense” from a migrant “invasion” as it faces significant pushback over its border security policies from the Biden administration.

ABBOTT DECLARES TEXAS HAS ‘RIGHT TO SELF-DEFENSE’ FROM MIGRANT ‘INVASION’ AMID FEUD WITH BIDEN ADMIN 

Mike Johnson speaks at border

U.S. House Speaker Mike Johnson speaks while standing with Republican members of Congress, Wednesday, Jan. 3, 2024, in Eagle Pass, Texas.  (AP Photo/Eric Gay)

The Supreme Court this week found in the administration’s favor when it granted an emergency appeal to allow agents to keep cutting border wire set up by Texas along the border. Texas this week published images of it strengthening physical barriers along Eagle Pass in response.

There is a separate threat of a lawsuit related to the seizure of Shelby Park along Eagle Pass by Texas authorities. Meanwhile, the administration has sued over the establishment of buoys in the Rio Grande River by Texas, and the recently signed law that allows Texas state and local officials to arrest illegal immigrants. The administration has accused Texas of interfering with federal control over immigration and border security, and has said it is putting agents and migrants in danger.

Abbott, however, cited constitutional language that demands the federal government “protect each [State] against invasion” and the right of states to protect their own borders.

Abbott argues that “the failure of the Biden administration” to fulfill those duties triggers a clause in Article 1 that “reserves to this State the right of self-defense.” He notes he has already declared an “invasion” to invoke the authority, which he calls “the supreme law of the land and supersedes any federal statutes to the contrary.”

The administration has said that the federal government is in control of immigration enforcement and has defended its record — pointing to removals since May that outpaced the entirety of FY 2019. Instead, it says it needs more funding from Congress and comprehensive immigration reform to fix what it says is a “broken” system.

TEXAS AG PAXTON PROMISES ‘FIGHT IS NOT OVER’ AFTER SCOTUS RULE ON BIDEN ADMIN’S RAZOR WIRE CUTTING 

“Whether it is leaving migrants on the side of the road in the dead of winter, installing razor wire to make Border Patrol’s job more dangerous, promoting extreme and unconstitutional laws like S.B. 4, or his latest actions in Eagle Pass, Governor Abbott has repeatedly proven that he is not interested in solutions and only seeks to politicize the border,” a recent White House statement said. 

However, a number of governors have come to Texas’ side, with at least 14 Republican-led states, including Florida, Louisiana, Alabama and Tennessee expressing support for the governor’s position.

Some Democrats, however, have urged tougher action against Texas from the Biden administration.

“Greg Abbott has continued to use political stunts and inflammatory language to advance his own agenda, violating the Constitution and endangering both U.S. citizens and asylum seekers,” Rep. Greg Casar, D-Texas, posted on X. “Abbott is following the Donald Trump playbook: making immigration harder and more dangerous, so asylum seekers are pushed into the hands of cartels and the system remains broken.”

Casar continued with a string of posts, saying he agreed with Rep. Joaquin Castro, D-Texas, who on Tuesday tweeted Biden should seize control of the Texas National Guard.

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“Governor Greg Abbott is using the Texas National Guard to obstruct and create chaos at the border,” Castro posted to X on Tuesday. “If Abbott is defying yesterday’s Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard now.”

Meanwhile, there were over 302,000 migrant encounters in December, after a record 2.4 million encounters in FY 23.





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Haley rakes in campaign cash after Trump warned her donors would be ‘barred’ from MAGA


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FIRST ON FOX – Nikki Haley’s 2024 campaign says it hauled in $1 million in donations since the Republican presidential candidate responded on social media to a warning former President Donald Trump directed to GOP donors to stop contributing to Haley.

Trump, taking to his Truth Social platform on Wednesday, warned: “Anybody that makes a ‘Contribution’ to Birdbrain, from this moment forth, will be permanently barred from the MAGA camp. We don’t want them, and will not accept them, because we Put America First, and ALWAYS WILL!” 

“Birdbrain” is a derogatory nickname Trump repeatedly uses to refer to Haley. 

RNC CHAIR MCDANIEL SAYS IT’S TIME FOR GOP TO RALLY AROUND TRUMP

Trump New Hampshire victory speech

Former President Donald Trump delivers remarks alongside supporters, campaign staff and family members during his primary night rally at the Sheraton on Jan. 23, 2024, in Nashua, New Hampshire. (Alex Wong/Getty Images)

Haley, a former two-term South Carolina governor who later served as United Nations ambassador in the Trump administration, quickly responded on X, formerly known as Twitter. 

“Well in that case… donate here. Let’s Go!” Haley wrote, as she added a link to her online fundraising page.

TRUMP ALIGNED SUPER PAC SEES SURGE IN FUNDRAISING

Haley is Trump’s last remaining major rival for the 2024 GOP nomination. She lost to the former president by 11 points in Tuesday’s New Hampshire primary, which was seen as one of her best shots at slowing down Trump’s march to the nomination.

Haley vowed in a primary night speech to continue her campaign, arguing “this race is far from over.”

Nikki Haley speaks to supporters on primary night in New Hampshire

Nikki Haley waves to the audience as she speaks at a New Hampshire primary night rally, in Concord, Tuesday Jan. 23, 2024. (AP Photo/Charles Krupa)

The race now moves to her home state, with South Carolina’s Feb. 24 Republican primary the next major contest in the GOP nominating calendar.

Haley, on Wednesday night at a large rally in North Charleston, South Carolina, highlighted that she hauled in $1 million in online donations in the 24 hours since her speech in New Hampshire.

“We have had 200 thousand donors from all 50 states,” she added. “Ninety-five percent of those donations are $200 or less.”

And Haley said “this is real, Americans. So if you join with me, if you join this movement, if you join us in this fight, I promise you I will do exactly what I did for you when I was governor of South Carolina. And I will spend every single day trying to make you proud.”

But veteran Republican strategist Ryan Williams argued that Haley is “trying to manufacture momentum to keep the race going. She needed a win in New Hampshire and she didn’t get it. This race is all but decided. Raising a million dollars in the first 24 hours after New Hampshire is a nice talking point, but it really doesn’t amount to much. The race has essentially been won by Trump at this point.”

HALEY LIVES TO FIGHT ANOTHER DAY, BUT FACES A ‘CHALLENGING’ ROAD AHEAD

Haley’s announcement came a day after she told Fox News Digital that she brought in $1.5 million in fundraising in the day and a half after Republican presidential campaign rival and Florida Gov. Ron DeSantis dropped out of the race on Sunday afternoon.

Nikki Haley in SC

Nikki Haley speaks during a campaign event at The North Charleston Coliseum, Wednesday, Jan. 24, 2024, in North Charleston, South Carolina. (AP Photo/Sean Rayford)

Once a long shot for the nomination, Haley grabbed momentum and saw her poll numbers surge in the late summer and autumn thanks in part to well-regarded performances in the first three Republican primary debates. 

As Fox News first reported earlier this month, Haley hauled in $24 million during the October-December fourth quarter of 2023 fundraising, more than doubling what she raked in during the previous three months.

Nikki Haley heads to New York City early next week, to meet with some top Republican donors as she faces a steep uphill climb against former President Donald Trump in the GOP nomination race.

Sources in Haley’s political orbit tell Fox News that a fundraiser on Jan. 30 co-hosted by billionaires Leonard Stern, Cliff Asness, Stanley Druckenmiller, Ken Langone and Henry Kravis remains on her schedule.

It’s one of roughly 10 fundraisers with major Republican donors on Haley’s itinerary over the next couple of weeks.

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Asked about Trump’s warning to donors, a major Republican contributor and bundler told Fox News on Thursday, “Trump is being very aggressive about trying to dissuade people from hosting events for Haley,” and predicted that “Trump is only going to get more aggressive against her.”

“The word is out among the donor class – you’re either with Trump or you’re not,” added the donor, who asked to remain anonymous to speak more freely. “There’s a lot of interest for Haley, but there’s also real concern for people that don’t want to be on the wrong side of things when the dust settles.”

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



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Haley campaign lashes out at RNC, Ronna McDaniel over resolution to declare Trump presumptive GOP nominee


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Former United Nations Ambassador Nikki Haley’s campaign lashed out at the Republican National Committee and its chairwoman, Ronna McDaniel, Thursday over a resolution that the party is considering to declare Donald Trump the presumptive GOP nominee.

“Who cares what the RNC says? We’ll let millions of Republican voters across the country decide who should be our party’s nominee, not a bunch of Washington insiders,” Haley campaign spokeswoman Olivia Perez-Cubas told Fox News Digital. 

“If Ronna McDaniel wants to be helpful she can organize a debate in South Carolina, unless she’s also worried that Trump can’t handle being on the stage for 90 minutes with Nikki Haley,” she added.

VENTURE CAPITALIST, CONSERVATIVE FIREBRAND RAISES EYE-POPPING AMOUNT IN BID FOR ARIZONA HOUSE SEAT

Ronna McDaniel and Nikki Haley

RNC Chairwoman Ronna McDaniel and Republican presidential candidate Nikki Haley. (Getty Images)

The RNC is reviewing a draft resolution proposed by RNC committeeman David Bossie, a former 2016 Trump campaign official, to declare Trump the Republican Party’s presumptive nominee for president, despite Haley’s vow to continue her campaign into her home state of South Carolina for its primary next month.

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Haley is the only remaining challenger to Trump in the race after the latter won convincing victories in the Iowa caucuses and New Hampshire primaries.

The RNC did not respond to Fox News Digital’s request for comment.

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



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Nikki Haley fires back at Trump’s social media attacks with link to donate to her campaign


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Former President Trump said anyone who contributes to his opponent’s campaign will be barred from the “Make America Great Again” MAGA community – but former United Nations Ambassador Nikki Haley quickly used the comment to her campaign’s advantage.

In a TruthSocial post Wednesday, Trump hit Haley with insults ranging from “Birdbrain” to saying “she was average at best” when serving in his administration.

“Nikki “Birdbrain” Haley is very bad for the Republican Party and, indeed, our Country. Her False Statements, Derogatory Comments, and Humiliating Public Loss, is demeaning to True American Patriots,” Trump wrote in a lengthy post.

The former president then went on to write that anyone who contributes to Haley’s campaign “will be permanently barred from the MAGA camp.”

NIKKI HALEY SHOWED ‘STUNNINGLY BAD JUDGMENT’ IN SPEECH AFTER NEW HAMPSHIRE LOSS, SAYS STEVE HILTON

Haley speaks at New Hampshire campaign event

Republican presidential candidate former U.N. Ambassador Nikki Haley speaks at a town hall campaign event, Tuesday, Dec. 12, 2023, in Manchester, N.H.  (Robert F. Bukaty)

“When I ran for Office and won, I noticed that the losing Candidate’s “Donors” would immediately come to me, and want to “help out.” This is standard in Politics, but no longer with me,” Trump wrote. “Anybody that makes a “Contribution” to Birdbrain, from this moment forth, will be permanently barred from the MAGA camp. We don’t want them, and will not accept them, because we Put America First, and ALWAYS WILL!”

HALEY LIVES TO FIGHT ANOTHER DAY AGAINST TRUMP, BUT FACES ‘CHALLENGING ROAD’ AHEAD IN GOP PRESIDENTIAL RACE

Rather than stay silent, Haley reposted Trump’s message on X with a link to donate to her campaign.

Donald Trump

Republican presidential candidate former President Donald Trump speaking during a campaign event in Rochester, N.H., Sunday, Jan. 21, 2024.  (Charles Krupa)

“Well in that case…donate here. Let’s Go!” Haley wrote.

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Several X, formerly known as Twitter, users responded to Haley’s post with screenshots showing their donations to her campaign. Other X users mocked her for still staying in the GOP primary race.

Trump took aim at Haley Thursday morning on Truth Social, saying he “heard BIRDBRAIN [Haley] totally ‘bombed’ last night in South Carolina,” referring to her rally in North Charleston Wednesday evening.

“Why the surprise, she just bombed in Iowa and New Hampshire in a very big way, and lost both States,” Trump continued. “She also just lost Nevada because she saw the Polls and decided to take a pass on this Caucus State. 100% Trump!”



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Trump White House official Peter Navarro sentenced to 4 months for defying Jan. 6 subpoena


Peter Navarro, who served in the White House under former President Donald Trump, was sentenced Thursday for flouting a House Jan. 6 committee subpoena. 

U.S. District Judge Amit Mehta sentenced Navarro to four months in prison and ordered him to pay a fine of $9,500. 

That’s two months shorter than the six prosecutors had sought, but Mehta drastically reduced the whopping $200,000 fine sought by the Justice Department. 

A former adviser to the president on trade and manufacturing policies, Navarro was convicted in September of two counts of contempt of Congress for defying a subpoena for documents and a deposition from the House select committee investigating the Jan. 6, 2021, riot at the U.S. Capitol. The subpoena required Navarro to appear and produce documents in February 2022, and sit for a deposition in March 2022, but Navarro refused to provide the materials and testify. As a private citizen, he was indicted on June 2, 2022. 

In announcing the sentencing decision, Mehta cited how Navarro had claimed a “two-tier system of justice” and described the Jan. 6 committee as a “kangaroo court.” 

“I have made clear my confusion about his arrest when he could have been offered self-surrender… The idea that he is subject to a two-tiered system of justice when he’s sitting here with 4 very capable lawyers is a real head-scratcher,” the judge said. “The words executive privilege are not magical dust… it’s not a get out of jail free card. To not engage with the committee to work through the issues… to simply not engage, there’s no basis for it.”

Mehta on Thursday had gone through a tedious recounting of the sentencing guidelines and came to the conclusion that there is a “zero to six months range,” of imprisonment in this case, as well as a fine range of $500 to $9,500. Sentencing guidelines are only a suggestion, and the judge could have sentenced Navarro to a longer sentence if he saw fit.

At the sentencing hearing, Navarro spoke in his own defense, saying he defied the subpoena because he believed in “good faith” that Trump had invoked executive privilege. 

“When I received that congressional subpoena, the second, I had an honest belief that the privilege had been invoked, and I was torn. Nobody in my position should be put in conflict between the legislative branch and the executive branch. Is that the lesson of this entire proceeding? Get a letter and a lawyer? I think in a way it is,” Navarro said. “I am disappointed with a process where a jury convicted me, and I was unable to provide a defense, one of the most important elements of our justice system.”

DOJ RECOMMENDS 6 MONTH SENTENCE FOR FORMER TRUMP ADVISER PETER NAVARRO

“The day of the attack on our Capitol was one of the worst days of my life. Desecration of our Capitol and the end of any argument about the Vote Count law on our books,” he added. 

Navarro’s defense attorney said the court of appeal will determine if executive privilege applies. The judge noted how in citing executive privilege, another White House adviser, Kellyanne Conway “had an (DOJ Office of Legal Counsel) OLC opinion she could rely on,” but Navarro had no such opinion and didn’t hire representation. 

Peter Navarro talks to media before sentencing hearing

Former Trump White House official Peter Navarro talks to the media as he arrives at U.S. Federal Courthouse in Washington, Thursday, Jan. 25, 2024.  (AP Photo/Jose Luis Magana)

“I have a great deal of respect for your client and what he accomplished and that makes it more disappointing,” Mehta said, also noting that Mark Meadows, who also faced a Jan. 6 committee subpoena, “produced documents, produced texts, he didn’t testify, but at least he did something.” 

“Before he was contacted, what they wanted. He responded, ‘Executive Privilege.’ That makes it clear that this defendant did not take this seriously. The defendant simply defied Congress. The defendant believes that he is above the law,” a prosecutor said of Navarro in addressing the court Thursday. “The things the committee wanted to talk to him about were not exclusively about conversations he had with the president.” 

Prosecutors had asked the judge to sentence Navarro to six months behind bars and impose a $200,000 fine. The Justice Department has previously noted that each count of contempt of Congress carries a minimum of 30 days and a maximum of one year in jail, as well as a fine of up to $100,000.

FORMER TRUMP ADVISER NAVARRO CONVICTED OF CONTEMPT AFTER DEFYING JAN. 6 SUBPOENA

Peter Navarro outside DC federal court

Former Trump White House official Peter Navarro arrives at U.S. Federal Courthouse in Washington, Thursday, Jan. 25, 2024.  (AP Photo/Jose Luis Magana)

“The United States vs. Peter Navarro has turned out to be a very important landmark constitutional case. That is going to resolve important issues about the constitutional separation of powers as well as, the integrity, efficiency of presidential decision-making. And we’ll see what happens today. Is that what Trump loves to say? Let’s see what happens,” Navarro told reporters upon arriving at the courthouse Thursday morning. He said his legal bills associated with the case have surpassed $1 million and thanked 20,000 small donors for their help. 

He also appealed to supporters to donate to help cover his legal expenses at defendpeter.com.

Navarro has vowed to appeal the verdict, saying he couldn’t cooperate with the committee because Trump had invoked executive privilege. 

The judge barred him from making that argument at trial, however, finding that he didn’t show Trump had actually invoked it. Justice Department prosecutors say Navarro tried to “hide behind claims of privilege” even before he knew exactly what the committee wanted, showing a “disdain” for the committee that should warrant a longer sentence.

Defense attorneys said Trump did claim executive privilege, putting Navarro in an “untenable position,” and the former adviser should be sentenced to probation and a $100 fine.

Navarro was the second Trump aide to face contempt of Congress charges. Former White House adviser Steve Bannon was convicted of two counts and was sentenced to four months behind bars, though he has been free while appealing his conviction.

Peter Navarro photo on screen during Jan. 6 committee

Images and videos are seen on a screen as the House Selects committee investigating the Jan. 6 attack on the Capitol meets to vote on contempt charges against former Peter Navarro and Dan Scavino on Monday, March 28, 2022.  (Jabin Botsford/The Washington Post via Getty Images)

Navarro’s sentencing comes after a judge rejected his bid for a new trial. His attorneys had argued that jurors may have been improperly influenced by political protesters outside the courthouse when they took a break from deliberations. Shortly after their break, the jury found him guilty of two misdemeanor counts of contempt of Congress.

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But Mehta found that Navarro didn’t show that the eight-minute break had any effect on the September verdict. No protest was underway and no one approached the jury — they only interacted with each other and the court officer assigned to accompany them, according to the judge. 

The Associated Press contributed to this report. 



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Venture capitalist, conservative firebrand raises eye-popping amount in bid for Arizona House seat


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FIRST ON FOX: Blake Masters, a venture capitalist and conservative firebrand, has raised an eye-popping amount in his bid to capture an open Arizona congressional seat in this year’s elections.

According to his campaign, Masters raised over $1.3 million in just the first two months after announcing his candidacy for Arizona’s 8th Congressional District, and has more than $1 million cash-on-hand. That’s more than any of his Republican primary opponents.

“I am honored by the support and trust placed in me by so many great people, including many supporters from my run for Senate as well as new donors who want to see more strong conservatives in Washington,” Masters told Fox News Digital in a statement. 

HISPANIC COMMUNITY LEADER REVEALS REASON BEHIND SOROS’ EXPENSIVE EFFORT TO REVERSE DEMS’ TEXAS LOSING STREAK

Republican Arizona congressional candidate Blake Masters

Then-Republican candidate for U.S. Senate Blake Masters speaks at a campaign rally attended by former U.S. President Donald Trump at Legacy Sports USA on October 09, 2022 in Mesa, Arizona. (Mario Tama/Getty Images)

“In Congress, I will block and reverse Biden’s harmful policies, back President Trump’s America First agenda 100%, and fight to make sure that Arizona is and remains the best place in the world to live, work, and raise a family. The trust placed in me by so many gives us over $1M to spread this message and earn the GOP nomination,” he added.

Masters first gained national name recognition after coming out on top in a contentious primary race for Senate in 2022. He ultimately lost that race to Sen. Mark Kelly, D-Ariz., and was reportedly considering running for Senate again in 2024 before deciding to run for Congress instead.

ARIZONA GOP CHAIR RESIGNS, CLAIMING KARI LAKE’S EXPLOSIVE RECORDING WAS A ‘SET UP’; LAKE CAMPAIGN FIRES BACK

Republican Arizona congressional candidate Blake Masters

Then-Republican Arizona Senate candidate Blake Masters speaks at a campaign event on the eve of the primary, also attended by gubernatorial candidate Kari Lake at the Duce bar on August 01, 2022 in Phoenix, Arizona. (Brandon Bell/Getty Images)

Elections analysts view Arizona’s 8th Congressional District, which encompasses a chunk of the northern Phoenix suburbs, as a safe Republican seat. It’s currently represented by Republican Rep. Debbie Lesko, who announced last year she would not seek re-election.

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Masters faces a crowded primary field that includes former Rep. Trent Franks, who previously represented Arizona’s 2nd and 8th Congressional Districts for a combined seven terms, state Sen. Anthony Kern, state Rep. Ben Toma, and former Maricopa County prosecutor Abraham Hamadeh.

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



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MTG files complaint against ‘secret boyfriend’ of Georgia DA prosecuting Trump: ‘Serious violations’


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FIRST ON FOX: Georgia Republican Rep. Marjorie Taylor Greene has set her sights on the “secret boyfriend” of Fulton County District Attorney Fani Willis, who is prosecuting a case against President Trump and several of his allies over alleged 2020 election interference.

On Thursday morning, the firebrand conservative lawmaker filed a complaint with Georgia’s ethics commission against Nathan Wade, an outside attorney whom Willis hired for the Trump case and allegedly engaged in an inappropriate romantic relationship with, alleging “potential serious violations” of state law over his purported failure to register and file lobbyist paperwork disclosing “his solicitation” of Willis and “excessive gifts” to the prosecutor.

“Fulton County District Attorney Fani Willis stands credibly accused of using Fulton County and federal COVID funds to pay her unqualified, secret boyfriend Nathan Wade–who has never tried a felony case–$250 per hour to collude with the Biden White House counsel and help Fani Willis bring unprecedented RICO felony charges against President Trump and 18 co-defendants,” Greene wrote in the complaint shared with Fox News Digital. 

“Willis allegedly paid her secret boyfriend a significantly higher hourly rate than another one of her special prosecutors who actually has significant experience,” she continued. “And with the nearly $700,000 Wade has collected in government funds as one of Willis’ special prosecutors, he has allegedly taken her on a luxury Caribbean cruise, a trip to Napa, and other lavish trips.”

GEORGIA SENATE REPUBLICANS CONSIDER SPECIAL PANEL TO INVESTIGATE FANI WILLIS MISCONDUCT ALLEGATIONS

Fulton County District Attorney Fani Willis

Fulton County, Georgia district attorney Fani Willis, who brought charges against former President Donald Trump on election interference, is taking heat from all sides. (AP Photo/John Bazemore, File)

In the complaint, Greene alleges “serious violations of the Georgia Campaign Finance Act” and said the “public has a right to know who, or what, has influence over the officials employed by their tax dollars.”

“For that reason, the Act requires that lobbyists report their efforts to sway the discretion of lawmakers, administrators, and district attorneys in the discharge of their duties. Registration and disclosure requirements shine light on the infamously crooked aims of lobbyists and hold accountable corrupt public officials.”

Greene charges that Wade’s law firm, Wade & Campbell, is a state vendor as defined by the Georgia Campaign Finance Act, and Wade is a lobbyist as defined by the Act and required to report as such before engaging in lobbying activities.

“On information and belief, Respondent Wade began lobbying Fulton County District Attorney Fani Willis on behalf of Wade & Campbell Law Firm in 2021,” Greene wrote, adding Willis awarded no-bid state contracts to the firm and paid “excessive rates” to Wade for the work he performed.

Greene says Wade failed to register as a lobbyist and file monthly spending reports between 2021 and 2024. She also alleges that Wade made gifts to Willis that exceeded limits imposed on lobbyists and prohibited under the law.

She continued by saying Wade “should be investigated for failure to register as a lobbyist, failure to file monthly lobbyist spending reports, failure to disclose gifts made to public officers, the making of excessive gifts to public officers and the making of prohibited gifts to public officers.”

JUDGE UNSEALS FULTON COUNTY PROSECUTOR’S DIVORCE CASE, FANI WILLIS DEPOSITION DELAYED

Nathan Wade

Special prosecutor Nathan Wade listens during a motions hearing for former President Donald Trumps election interference case, Friday, Jan. 12, 2024 in Atlanta.  (Elijah Nouvelage/The Washington Post via AP, Pool)

“So no wonder Nathan Wade refused to disclose his solicitation of Fulton County District Attorney Fani Willis, which blossomed into a sweetheart deal for his law firm as Willis appointed Wade to be a special prosecutor in a thoroughly corrupt case against President Donald Trump,” Greene wrote.

“Had Wade done so as required by Georgia law, the public could and would have caught on to Willis’ self-serving gambit to prosecute President Trump, win the adoration of the radical left, and finance an extravagant affair with Wade. For his part in this highly illicit scheme, Wade should be fully prosecuted under the Georgia Campaign Finance Act, ensuring true justice for Georgians.”

Greene demanded the commission to “immediately impose” a $10,000 late fee for each monthly report filed 45 or more days late. 

Wade did not immediately respond to a Fox News Digital request for comment.

Fani Willis and Nathan Wade

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

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Court documents filed earlier this month say Willis hired Wade to prosecute former Trump in Georgia’s election interference case. They also allege they benefited financially from the relationship through lavish vacations that the two went on using funds his firm received for working the case.

Superior Court Judge Scott McAfee has scheduled a hearing on the accusations for February 15.

Fox News Digital’s Danielle Wallace and Nikolas Lanum contributed to this report.



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Biden revisits Wisconsin bridge to announce $5 billion for infrastructure


  • President Biden is returning to Superior, Wisconsin, to announce nearly $5 billion in federal funding for infrastructure projects, including the John A. Blatnik Memorial Bridge.
  • The Blatnik Bridge, connecting Wisconsin and Minnesota, serves over 33,000 vehicles daily but prohibits heavy trucks due to its decaying state.
  • The federal funding, part of a $1.2 trillion infrastructure package signed by Biden over two years ago, aims to upgrade and repair the bridge.

The last time President Joe Biden visited Superior, Wisconsin, he warned of the danger posed by the deteriorating John A. Blatnik Memorial Bridge — pointing out the decades-old corrosion that had weakened the overpass connecting the two port cities in Wisconsin and Minnesota and vowing to fix it.

Biden is returning to that bridge at the tip of Lake Superior on Thursday to announce nearly $5 billion in federal funding that would upgrade it and dozens of similar infrastructure projects nationwide, as the Democratic president jump-starts an election year push to persuade voters to reward him for his policy achievements in office. Biden is making his pitch in a critical swing state that’s part of the “blue wall” trio of states — Wisconsin, Michigan and Pennsylvania — where he defeated Republican President Donald Trump in 2020.

More than 33,000 vehicles travel on the Blatnik Bridge every day, but heavy trucks are barred from it because of its decaying condition. That, in turn, has caused lengthy detours. Without additional federal funds, the bridge would have had to shut down by 2030, according to the White House. It is getting $1 billion in federal funding for upgrades and repairs.

US NATIONAL DEBT TRACKER FOR JAN 24, 2024: SEE WHAT AMERICAN TAXPAYERS (YOU) OWE IN REAL TIME

The money comes from a $1.2 trillion infrastructure package that Biden signed into law more than two years ago.

Biden visits Wisconsin

President Joe Biden and first lady Jill Biden visit the John A. Blatnik Memorial Bridge on March 2, 2022, in Superior, Wis. Biden is returning to the bridge on Thursday to announce nearly $5 billion in federal funding that would upgrade it and dozens of similar infrastructure projects nationwide. (AP Photo/Patrick Semansky, File)

“It will save families time on their commutes. It will allow trucks to get goods to shelves more quickly and will boost businesses and small businesses across Duluth, Minnesota, and Superior, Wisconsin, that are looking for just a little breathing room and the opportunity to build generational wealth,” White House deputy chief of staff Natalie Quillian said.

Though the president’s visit on Thursday is not officially a campaign event, his sharpened focus on Wisconsin with the election less than 10 months away highlights its place as one of a shrinking handful of genuine battleground states.

$1B ISSUED TO REPLACE BRIDGE CONNECTING MINNESOTA AND WISCONSIN

Four of the past six presidential elections have been decided by less than a percentage point in Wisconsin, with Trump winning narrowly in 2016 against Democrat Hillary Clinton before losing to Biden by a similar margin in 2020.

All signs point to Wisconsin remaining nearly evenly divided, even as Democrats have made gains in recent elections. A Marquette Law School poll released in November showed the 2024 presidential race to be a toss-up with the election a year away.

Democratic leaders in Wisconsin have stressed the importance of Biden visiting the state. Clinton’s defeat in 2016 was blamed in part on the fact that she never campaigned in Wisconsin after winning the Democratic nomination.

“He needs to be here, simple as that,” Democratic Gov. Tony Evers told The Associated Press in an interview earlier this month.

Democratic U.S. Rep. Mark Pocan agreed, saying he has told Biden he must visit Wisconsin to highlight his investments in roads, bridges and broadband internet expansion and his efforts to bring down inflation and fight climate change.

“He wants to do that,” Pocan said. “He certainly understands the importance of Wisconsin.”

It’s not just Biden. Vice President Kamala Harris was in Wisconsin on Monday to promote the administration’s efforts to protect abortion rights, and Treasury Secretary Janet Yellen will be there Friday to talk up Biden’s economic policies.

When Biden visits Wisconsin on Thursday, it will mark his eighth trip to the state as president and his second to Superior, a city of 27,000 residents along the shores of Lake Superior just across the border from Minnesota.

He’s expected to tout the more than $1 billion in federal funding, including from the infrastructure bill he signed into law, to replace the Blatnik Bridge, which connects Superior and Duluth.

Ahead of Biden’s visit, Democrats in Wisconsin have been on a winning streak. They have won 14 of the past 17 statewide elections, including Biden in 2020, Evers in 2022 and Janet Protasiewicz in April. Her victory in the Wisconsin Supreme Court race took majority control of the court away from conservatives for the first time in 15 years, and she sided with the liberal majority in December in striking down Republican-drawn legislative maps. The court is now considering new maps that would greatly reduce Republican legislative majorities.

Republicans have had wins, including reelecting U.S. Sen. Ron Johnson last year, picking up a congressional seat and increasing majorities in the state Senate and the Assembly. But those gains were overshadowed by the losses in the presidential, governor’s and Supreme Court races.

Democrats have been able to chip into the once-reliably conservative Milwaukee suburbs that saw GOP support drop in the Trump era. Democrats also capitalized on population gains in Dane County, home to the liberal capital city of Madison and the University of Wisconsin.

MINNESOTA GOV. WALZ PROPOSES $982 MILLION INFRASTRUCTURE PLAN WITH FOCUS ON PRESERVATION

The Democratic moves have been able to help offset Republican gains made in rural areas during the Trump era.

Republicans chose Milwaukee for their national convention in July, with Democrats gathering just across the border the following month in Chicago.

Longtime Wisconsin Republican strategist Brandon Scholz said even Republicans who are not firm backers of Trump, the front-runner for the 2024 GOP presidential nomination after wins in the Iowa caucuses and the New Hampshire primary, are driven to defeat Biden in what appears to be an increasingly likely rematch of 2020.

“Republicans are like sharks smelling blood in the water,” Scholz said. “They see Biden as weak. … Biden can come to Wisconsin a thousand times, and I don’t think it’s going to change his position.”



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Trump says Nikki Haley donors are ‘permanently barred’ from ‘MAGA camp’


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Former President Trump announced donors to his presidential primary opponent will be “barred” from the “Make American Great Again” community.

In a lengthy Truth Social diatribe against former South Carolina Gov. Nikki Haley, who the former president called a “birdbrain,” Trump promised to reject any attempts by her donors to switch to his camp.

“Nikki ‘Birdbrain’ Haley is very bad for the Republican Party and, indeed, our Country. Her False Statements, Derogatory Comments, and Humiliating Public Loss, is demeaning to True American Patriots,” the former president wrote. “Her anger should be aimed at her Third Rate Political Consultants and, more importantly, Crooked Joe Biden and those that are destroying our Country – NOT THE PEOPLE WHO WILL SAVE IT.” 

GOP STRATEGISTS SAY HALEY NEEDS ‘REALISTIC PATH’ TO WIN PRIMARIES AFTER NEW HAMPSHIRE LOSS TO TRUMP

Trump waving to fans in New Hampshire

Former President Trump visits a polling site at Londonderry High School on primary day in Londonderry, New Hampshire. ( Chip Somodevilla/Getty Images)

In the post, Trump reflected on past election experiences in which donors to opposing candidates would consolidate around him as campaigns came to an end.

Objecting to portions of the Republican Party’s opposition to his re-election campaign, the former president swore not to take money from Haley’s donors in the future.

“When I ran for Office and won, I noticed that the losing Candidate’s ‘Donors’ would immediately come to me, and want to ‘help out.’ This is standard in Politics, but no longer with me,” Trump continued.

NIKKI HALEY SUGGESTS TRUMP MAY NOT BE ‘MENTALLY FIT’ TO BE PRESIDENT AFTER HE SEEMS TO CONFUSE HER WITH PELOSI

Republican presidential candidate Nikki Haley

Republican presidential candidate and former U.S. Ambassador to the United Nations Nikki Haley speaks at a campaign town hall in Rye, New Hampshire. (REUTERS/Brian Snyder)

He concluded, “Anybody that makes a ‘Contribution’ to Birdbrain, from this moment forth, will be permanently barred from the MAGA camp. We don’t want them, and will not accept them, because we Put America First, and ALWAYS WILL!”

Trump also accused Haley, whom he appointed as the U.S. Ambassador to the United Nations in 2017, of being weak on the world stage.

“I knew Nikki well, she was average at best, is not the one to take on World Leaders, and she never did. That was up to me, and that is why they respected the United States,” Trump continued. 

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New Hampshire Gov. Chris Sununu walking with Nikki Haley who is smiling with fists in mid air

Republican presidential candidate, former U.N. Ambassador Nikki Haley, is joined by New Hampshire Gov. Chris Sununu as they visit a polling location at Winnacunnet High School to greet voters in Hampton, New Hampshire. (Joe Raedle/Getty Images)

Haley projected optimism as the former South Carolina governor began campaigning in her home state Thursday.

Nevertheless, Haley appears to have few allies in the upper echelon of the South Carolina GOP and the Republican Party, with both of her state’s senators endorsing Trump and RNC head Ronna McDaniel all but declaring Trump the victor in the 2024 primary.

Rep. Nancy Mace also congratulated Haley on a well-run campaign but endorsed Trump earlier this week.

Fox News Digital’s Anders Hagstrom contributed to this report.



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Hispanic community leader reveals reason behind Soros’ expensive effort to reverse Dems’ Texas losing streak


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One Hispanic community leader in South Texas has a simple theory on why liberal billionaire George Soros is investing heavily to reverse Democrats’ losing streak in the Lone Star State: “They’re absolutely scared.”

Speaking with Fox News Digital, Mayra Flores, a former Republican congresswoman and the first Mexican-born woman to serve in the House of Representatives, said Soros’ pouring money into the state in a bid to boost Democrat turnout in 2024 was because he didn’t want Republican Hispanic leaders, such as herself, to win over other Hispanics who have traditionally voted blue.

Flores was referencing the Texas Majority PAC, a group being partially bankrolled by Soros working to build up progressive infrastructure across Texas in an attempt to elect more Democrats.

ARIZONA GOP CHAIR RESIGNS, CLAIMING KARI LAKE’S EXPLOSIVE RECORDING WAS A ‘SET UP’; LAKE CAMPAIGN FIRES BACK

George Soros, Mayra Flores

Liberal billionaire George Soros and former Republican Texas Rep. Mayra Flores. (Getty Images)

“They’re seeing that Hispanics are shifting towards the Republican Party because they’re realizing that we are the party of prosperity, that we want to build a strong economy, that we want to secure the border, that we want to prioritize the people of this country and not prioritize people from outside this country. And I believe that it’s our policies that are winning people over, and the struggle is real,” she said.

“George Soros and the Democratic Party are seeing people like myself that resonate with the Hispanic community. They resonate with me. I resonate with them. We have similar stories. I’m bilingual. I speak Spanish and English. We have similar stories, and we share that bond,” she added.

A recent report by The Texas Tribune said the group is being run by former staffers from Democrat Beto O’Rourke’s failed campaign for governor and that it had raised nearly $2.25 million last year.

RECORD GOP TURNOUT, CALLS FOR HALEY TO LEAVE RACE ROUND OUT TOP 5 MOMENTS FROM THE NEW HAMPSHIRE PRIMARIES

According to a Fox News Digital analysis of Texas Majority PAC’s Federal Election Commission (FEC) filings, Soros has given $850,000 as of Dec. 27, $750,000 of which he gave during the first half of 2023 when the group only raised $752,040.

Texas Capitol building dome with the Texas flag waving in front.

Texas state Capitol in Austin, Texas. (Tamir Kalifa/Getty Images)

In the Tribune’s report, the PAC’s deputy director said that contributions were intended to help local Democrat groups register, contact and turnout voters “on a scale never seen before.”

They have the work cut out for them, as Democrats have tried, but failed, to gain traction in a number of major state-wide races in addition to O’Rourke’s 2022 bid.

TIM SCOTT SETS CROWD ALIVE WITH ONE-LINER AFTER TRUMP SAYS HE ‘MUST REALLY HATE’ HALEY

The closest they came was in 2018, when O’Rourke, a former El Paso area congressman, ran for Senate against incumbent Republican Sen. Ted Cruz. In a year with high Democrat turnout as a backlash to the presidency of former President Donald Trump, O’Rourke came within three points of beating Cruz.

In 2020, Democrats thought they had another shot at taking out an incumbent Republican, Sen. John Cornyn, with Air Force veteran M.J. Hegar. However, she lost by nearly 10 points.

Now Democrats hope to utilize Texas Majority PAC to try and take out Cruz again, who is up for re-election to a third term this year, but, according to Flores, the shift toward Republicans among Hispanics has only been growing stronger and its putting fear into Democrats’ hearts.

Beto O'Rourke with supporters

Beto O’Rourke, then-Democratic gubernatorial candidate for Texas, speaks outside a polling location in Dallas, Texas, on Tuesday, Nov. 8, 2022.  (Nitashia Johnson/Bloomberg via Getty Images)

“They’re scared. They’re absolutely scared. And they don’t want Republican Hispanics like myself to win over other Hispanics. And they know that we’re moving that shift every cycle,” Flores, who is running to win back her seat in Texas’ 34th Congressional District, told Fox.

She was ousted following Texas’ redistricting ahead of the 2022 midterms, losing to Democrat Rep. Vicente Gonzalez, but says the shift toward the GOP in the heavily-Hispanic district will bode well for her chances this year.

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“The American people right now are struggling to pay their rent and their mortgage. They’re a paycheck away from being homeless, and they remember what it was like under the Trump administration. They know that when he was in office, they had more money in their pockets,” Flores said.

“Right now they’re not enjoying their money. Their money is going into all the bills and interest rates. They’re not able to enjoy life. And that’s not the American dream,” she added.

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



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Haley projects optimism despite wave of top South Carolina pols siding with Trump in her home state


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Nikki Haley projected optimism as the former South Carolina governor began campaigning in her home state Thursday.

Nevertheless, Haley appears to have few allies in the upper echelon of the South Carolina GOP and the Republican Party, with both of her state’s senators endorsing Trump and RNC head Ronna McDaniel all but declaring Trump the victor in the 2024 primary.

Rep. Nancy Mace, R-S.C., also congratulated Haley on a well-run campaign but endorsed Trump earlier this week.

“South Carolina is Trump country and he is crushing it right now,” Mace told Fox News on Wednesday. “I want to say that Nikki Haley ran a great race. She made it deep into the playoffs, but the playoffs are now over and it’s time to start the Superbowl. We have got to take on Joe Biden right now if we’re going to take our country back.”

DONALD TRUMP DOMINATES AGAIN, AS FORMER PRESIDENT EASILY BEATS NIKKI HALEY IN NEW HAMPSHIRE GOP PRIMARY

Republican presidential candidate Nikki Haley

Nikki Haley projected optimism as the former South Carolina governor began campaigning in her home state Thursday. (JOSEPH PREZIOSO/AFP via Getty Images)

Joining Mace in endorsing Trump are fellow GOP South Carolina Reps. Russell Fry, Joe Wilson, William Timmons and Jeff Duncan. South Carolina Gov. Henry McMaster has also endorsed the former president.

TRUMP ‘HONORED’ BY NEW HAMPSHIRE WIN, SAYS REPUBLICAN PARTY IS ‘VERY UNITED’

Haley vowed to keep pressing forward during a campaign appearance in the state on Wednesday, however.

“This is a choice between more of the same, or going forward. More of the same is not just Joe Biden, more of the same is Joe Biden and Donald Trump,” she told supporters in Charleston. “So we are not going to sit there and just give up.”

Former President Donald Trump

Former President Donald Trump has received a slew of endorsements from top GOP politicians in South Carolina, including the state’s governor and both of the state’s senators. (Scott Olson/Getty Images)

Haley’s optimism has visibly enraged Trump, who attacked her as “delusional” on social media Wednesday night. He then took the issue onto the stage at a campaign event.

“Who the hell was the impostor that went up on the stage before and, like, claimed a victory?” Trump said, referencing Haley’s reaction to her New Hampshire performance.

Former President Donald Trump

Haley’s optimism in South Carolina has visibly enraged Trump, who attacked her as “delusional” on social media Wednesday night. (Michael M. Santiago/Getty Images)

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While Haley lost the state 43% to 54%, she insisted the result was a major step in the right direction.



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GOP AGs take aim at Dem plea for Biden to shut down critical ammo manufacturer: ‘litany of errors’


FIRST ON FOX – Every republican attorney general in the country blasted their Democrat counterparts for attempting to shutter an ammunition factory in Missouri, a letter sent to the White House Wednesday revealed. 

In a letter obtained exclusively by Fox News Digital, all 28 GOP attorneys general asked President Biden and White House Office of Gun Violence Prevention director Stefanie Feldman to disregard their Democrat colleagues’ request to end commercial sales from Lake City Army Ammunition Plant, one of the country’s largest ammo manufacturers. 

Democrats had previously asked the administration to investigate the contracting and manufacturing practices of the plant after a New York Times report alleged that “military-grade rounds” were sold commercially and were connected to mass shootings.

But the Republicans say the Democrats’ letter contained a “litany of errors.” “Perhaps those States should focus more on prosecuting crime to stop mass shootings—rather than trying to stop lawful Americans’ use of guns and ammunition. Their tactic is an overt attempt to punish Americans’ exercise of their Second Amendment rights,” they wrote. 

FEDERAL JUDGE BLOCKS CALIFORNIA FIREARMS CARRY LAW, CALLING IT ‘SWEEPING, REPUGNANT TO THE SECOND AMENDMENT’

President Biden

President Joe Biden speaks during a campaign event at Montgomery County Community College January 5, 2024 in Blue Bell, Pennsylvania. In his first campaign event of the 2024 election season. (Photo by Drew Angerer/Getty Images) ((Photo by Drew Angerer/Getty Images))

Among the list of “errors” the GOP AGs point out that their Democrat colleages allege that ammunition manufactured for “military use” does not belong in communities. 

“First, the ammunition manufactured at Lake City and sold into the commercial market is not the primary rifle cartridge used by the United States military. The primary cartridge is proprietary to the Army and may not be sold commercially,” the AGs note. 

“Second, while the United States military purchases and uses a particular type of ammunition, that is not determinative as to whether it is “military ammunition” that should be banned for public use,” they write. 

“If the United States military using ammunition precluded that ammunition’s use by civilians, then other widely and commonly available ammunition, including 9mm and 12-gauge shotshells, would also be prohibited for public use,” they argued, adding that Supreme Court precedent “does not support such an openly artificial distinction.”

TRUMP TO HEADLINE ‘MOMENTOUS’ NRA EVENT AHEAD OF KEY PRIMARY SHOWDOWN

.38 caliber ammunition is seen at Jim Newbauers gun shop in Tombstone, Arizona May 14, 2008. Newbauer has raised the price of a box of the rounds from seven dollars to $17 in two years due to the increase he has had to pay. Millions of shooters, hunters and even lawmen across the United States feeling the pinch as sky-high metals prices and demand from wars abroad are driving up the price of bullets. To match feature METALS-USA/AMMO REUTERS/Jeff Topping (UNITED STATES)

According to the state’s top prosecutors, Lake City only sells ammunition to commercial customers that is legal to manufacture, and it complies with all the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) requirements.  (Reuters)

According to the state’s top prosecutors, Lake City only sells ammunition to commercial customers that is legal to manufacture, and it complies with all the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) requirements. 

The AGs argued that the Democrats’ efforts would undermine national security. “Gun control advocates are firing blanks when they contend that taxpayers are subsidizing mass shooters. They get causality backward. The law-abiding target shooters and gun owners who buy Lake City ammunition are subsidizing national defense and military readiness,” they argue.

They note that the Defense Department “sought to avoid a situation when the military needs surge due to a real-world conflict, ammunition is not readily available,” adding that ammunition availability requires facilities, production equipment, a skilled workforce, and supply chains to remain in constant operation. 

“Machines and production cannot be turned on like the flip of a switch. It takes time to hire and train the highly skilled workers needed to operate production lines to manufacture the highest quality ammunition for U.S. warfighters. Commercial production has allowed Lake City, and its suppliers, to maintain steady labor, maximize equipment run time, ensure a stable supply base, and provide a level of readiness to the U.S. military that would not otherwise be available,” they added.

The attorneys general also said that Lake City cannot halt commercial use without a “detrimental loss” to their communities and economy. If it stopped, the AGs allege it would result in an estimated loss of 500–700 jobs or 30%–45% of the skilled workforce now employed at Lake City and “countless more” throughout the supply chain. 

FEDERAL JUDGE RULES IT UNCONSTITUTIONAL TO BAN GUNS FROM POST OFFICES

Biden holds ghost gun

“Do not be fooled. The anti-gun radicals leading this effort are not honest brokers interested in public safety,” they AGs told President Biden. “Gun control advocates want to criminalize making ammunition even while many push back against prosecuting criminals that fire weapons.”

“Do not be fooled. The anti-gun radicals leading this effort are not honest brokers interested in public safety,” they said. “Gun control advocates want to criminalize making ammunition even while many push back against prosecuting criminals that fire weapons.”

“Perpetrators of gun violence should be punished—not the firearm and ammunition manufacturers,” they said.  

Montana Attorney General Austen Knudsen in a statement to Fox News Digital called the investigation by the New York Times “highly questionable” and, their latest effort to shut down the Lake City Army Ammunition Plant is based on a highly questionable ‘investigation’ by the New York Times.”

Iowa Attorney General Brenna Bird charged that “if the Biden Administration and anti-gun activists were serious about saving lives, they would start by enforcing the laws on the books to combat violent criminals.” 

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Missouri Attorney General Andrew Bailey echoed those sentiments, adding that “Lake City Ammunition did nothing wrong.” 

“We should be focused on the free flow of illegal weapons coming across our border – not taking aim at law-abiding patriots,” Indiana Attorney General Todd Rokita said, adding that the border crisis “is exactly why law-abiding citizens need the liberty to defend themselves.” 



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Maine won’t make decision on Trump ballot eligibility until SCOTUS rules in Colorado


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The Maine Supreme Judicial Court decided Wednesday evening it will not move forward on whether former President Trump can stay on the state’s ballot until the U.S. Supreme Court rules on a similar case barring Trump from the ballot in Colorado.

The state’s top court decided unanimously to dismiss Secretary of State Shenna Bellows’ appeal of an order requiring her to wait for the Supreme Court’s decision before withdrawing, modifying or upholding her decision to keep Trump off the ballot on Super Tuesday in March.

“The Secretary of State suggests that there is irreparable harm because a delay in certainty about whether Trump’s name should appear on the primary ballot will result in voter confusion. This uncertainty is, however, precisely what guides our decision not to undertake immediate appellate review in this particular case,” the court said.

MAINE SUPERIOR COURT ISSUES A STAY ON STATE’S DECISION TO BAR TRUMP FROM PRIMARY BALLOT

Former President Donald Trump

The Maine secretary of state’s decision to remove former President Trump from the state’s ballot is in limbo until the Supreme Court decides on a similar case in Colorado. (Sean Rayford/Getty Images)

Bellows decided in December to remove the former president from the primary ballot after deeming him ineligible under the insurrection clause in the Constitution, but a judge put her decision on hold pending the outcome in Colorado.

Trump, who is the Republican frontrunner in the presidential race, said that Bellows should have recused herself and accused her of being biased against him. He also said her decision disenfranchised voters in Maine and plays into a larger effort by some Democrats to keep him off the ballot.

Bellows claimed she was obligated to make a decision after several residents of Maine challenged Trump’s right to be on the ballot, but vowed she would ultimately abide by a court’s ruling.

Donald Trump, Shenna Bellows

Maine Secretary of State Shenna Bellows said she felt obligated by law to remove Trump from the ballot after several residents challenged his right to be on the ballot under the 14th Amendment of the Constitution. (Getty Images)

MAINE OFFICIAL APPEALS HER REMOVAL OF TRUMP FROM VOTING BALLOTS TO STATE’S TOP COURT

The Supreme Court has never ruled on Section 3 of the 14th Amendment, which is a post-Civil War clause prohibiting anyone who “engaged in insurrection” from holding office. 

Some people contend Trump’s role in attempting to overturn his loss to President Biden in the 2020 presidential election and the events that took place at the U.S. Capitol on Jan. 6, 2021, qualify as an insurrection.

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The Supreme Court is scheduled to hear arguments in the Colorado case on Feb. 8. 

Super Tuesday will take place in about six weeks on March 5.

The Associated Press contributed to this report.



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What’s next for Tim Scott: Trump’s running mate pick or possible 2028 run?


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Sen. Tim Scott says potentially serving as Donald Trump’s running mate in November if the former president wins the 2024 Republican nomination is “not on my mind.”

But the GOP lawmaker from South Carolina isn’t ruling out another White House run — or another Senate re-election campaign — in 2028.

Although his presidential campaign failed to ignite, Scott remains popular with Republican primary voters, and his endorsement had been heavily coveted by the remaining GOP candidates.

Scott traveled to New Hampshire Friday to publicly back Trump, who is the frontrunner in the Republican race as he makes his third straight White House run. 

TRUMP RUNNING MATE SPECULATION SOARS AS FORMER PRESIDENT MOVES CLOSER TO LOCKING UP THE 2024 NOMINATION

Tim Scott

Sen. Tim Scott (R-S.C.) speaks as Republican presidential candidate and former President Donald Trump looks on during a campaign rally at the Grappone Conference Center Jan. 19, 2024, in Concord, N.H. (Chip Somodevilla/Getty Images)

The senator returned to New Hampshire Monday and Tuesday to campaign on behalf of Trump, who won the primary by 11 points over former U.N. ambassador and former South Carolina Gov. Nikki Haley, his last remaining major rival for the nomination.

RNC CHAIR MCDANIEL SAYS ITS TIME REPUBLICANS UNITE AROUND TRUMP

The GOP nomination race now heads to Haley and Scott’s home state, which on Feb. 24 holds the next major primary on the Republican calendar.

“I look forward to spending a lot of time at home. A lot of time campaigning throughout the great Palmetto State. A lot of time talking about why we should have four more years of Donald Trump,” Scott said in a Fox News Digital interview Tuesday. 

“In my opinion, the faster we coalesce around Donald Trump, the better the country will be.”

Tim Scott says serving as Trump's running mate is not on his mind

Republican presidential candidate and former President Donald Trump, right, listens as GOP Sen. Tim Scott of South Carolina speaks at a primary election night party in Nashua, N.H., Tuesday, Jan. 23, 2024. (AP Photo/Pablo Martinez Monsivais)

The senator’s endorsement and teaming up with Trump has sparked further speculation Scott could potentially serve as the former president’s running mate.

But Scott insisted it’s “still not on my mind.”

“The only thing on my mind is making sure President Trump is our next president. Getting inflation back down. Getting gas prices back down. Reducing the cost of food and increasing the level of enthusiasm and the level of law and order in our country,” he added.

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Scott downplayed running-mate talk as he dropped out of the race two months ago.

But a source in the senator’s political orbit told Fox News Saturday that Scott hasn’t ruled out serving as Trump’s vice presidential nominee if Trump locks up the nomination in the weeks ahead.

“I wouldn’t be surprised if Scott remains in the conversation for running mate,” the source added.

In his Fox News Digital interview, Scott didn’t rule out another run for the White House.

“You know, ‘28’s not that far away. We’ll see what happens by making sure that we’re successful in ‘24,” he said.

When he convincingly won re-election in 2022, Scott said it would be his last Senate campaign.

But Scott, the only Black Republican in the Senate, told Fox News Tuesday that “every day I hear from a lot of South Carolinians asking me to reconsider and run again. And, so, you have to listen to your voters moving forward. We’ll see what happens.”

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



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GOP Sens. Fischer and Cornyn endorse Trump after New Hampshire victory


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GOP Sens. John Cornyn and Deb Fischer endorsed former President Trump on Tuesday night following Trump’s win in the New Hampshire primary in his bid to be crowned the Republican presidential nominee. 

“It’s time for Republicans to unite around President Donald Trump and make Joe Biden a one-term president,” Fischer said in a statement. “These last three years have yielded a crippling border crisis, an inflationary economy that prices the American Dream out of reach for families, and a world in constant turmoil with our enemies on the march. I endorse Donald Trump for president so we can secure our border, get our economy moving again, and keep America safe.”

Cornyn said in a statement posted to X, “To beat Biden, Republicans need to unite around a single candidate, and it’s clear that President Trump is Republican voters’ choice.”

RECORD GOP TURNOUT, CALLS FOR HALEY TO LEAVE RACE ROUND OUT TOP 5 MOMENTS FROM THE NEW HAMPSHIRE PRIMARIES

From left to right, Sen. Deb Fischer, former President Trump and Sen. John Cornyn. (Getty Images)

“Four more years of failed domestic policies like the Biden Border Crisis and record-high inflation, and failed foreign policies that have emboldened our adversaries and made the world a more dangerous place, must be stopped,” he said. 

Cornyn and Fischer join more than 15 GOP senators in endorsing Trump, including Sens. JD Vance of Ohio, Marsha Blackburn of Tennessee, Rick Scott of Florida, Josh Hawley and Eric Schmitt of Missouri, Tom Cotton of Arkansas, Lindsey Graham of South Carolina, Tommy Tuberville of Alabama, Marco Rubio of Florida and others.

The endorsements come as there is increasing pressure on former South Carolina governor Nikki Hailey to suspend her campaign and endorse Trump. A growing number of lawmakers have been calling on the GOP to unite behind Trump, who is expected to be the Republican nominee for the 2024 presidential election. 

Trump won the first-in-the-nation primary Tuesday night, defeating Hailey, and declared the GOP was “very united” behind his candidacy. Trump also won the Iowa caucuses last week.

HALEY AND PHILLIPS OUTPERFORMED IN NEW HAMPSHIRE BUT IT’S STILL A TRUMP VS. BIDEN HORSE RACE

Donald Trump wearing a red make america great again hat

“It’s clear that President Trump is Republican voters’ choice,” said Sen. John Cornyn. (Sean Rayford/Getty Images)

New Hampshire — where independent voters who make up roughly 40% of the electorate can vote in either major party’s contest and have long played an influential role in the state’s storied presidential primary — was considered fertile ground for Haley. She spent plenty of time and resources in the state, securing the influential endorsement of popular Republican Gov. Chris Sununu.

However, Trump dominated for a second week in a row, cruising to victory in both critical early voting states.

When asked if he felt Haley would suspend her campaign, he said, “I don’t know. She should.” 

Haley asserted she would continue on in the race following the primary. 

Florida Gov. Ron DeSantis also terminated his campaign on Sunday and endorsed Trump in a video posted to X. 

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 Fox News’ Brooke Singman contributed to this report. 





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Hawley raises alarm after border gotaways exceed KC, St Louis populations


FIRST ON FOX: Sen. Josh Hawley, R-Mo., is raising the alarm about a massive number of “gotaways” at the southern border last year, after a new Congressional Budget Office report found that the number last fiscal year exceeded the population of Missouri’s two largest cities combined. 

Hawley, in a letter to DHS Secretary Alejandro Mayorkas, cited the new CBO report which found that there were a record-setting 860,000 illegal immigrants who evaded Border Patrol agents in fiscal year 2023.

“These “gotaways” outnumber the combined populations of Kansas City and St. Louis, the two largest cities in Missouri,” Hawley said. “At the very least, you owe the American people full transparency into what your Department knows about illegal immigrants who have entered our nation without being stopped or tracked.”

BORDER PATROL OFFICIALS SAY THREAT POSED BY ‘GOTAWAYS’ AT SOUTHERN BORDER ‘KEEPS US UP AT NIGHT’ 

Senator Josh Hawley

 Sen. Josh Hawley, R-Mo., is seeking more information about getaways at the southern border. (Tom Williams/Getty Images)

The CBO report had found that DHS had not released official estimates for FY 23, but Mayorkas himself had testified that there had been over 600,000 gotaways. It then cited media reporting that the number was over 770,000.

“To account for the second group, people who crossed the border but were not observed or detected by CBP officials, CBO then adjusted the estimate of 750,000 people upward by 15 percent (or 110,000 people), to 860,000 people, following testimony by the Chief of the Border Patrol, who said that the estimated number probably undercounted those people by 10 percent to 20 percent,” the report said.

The gotaways came amid a record fiscal year that saw over 2.4 million migrant encounters. Gotaways are particularly worrisome to officials as they are more likely to have something to hide, including criminal convictions, from officials. Jason Owens, now head of the Border Patrol, told lawmakers last year of his concerns over gotaways.

5,000 ILLEGAL IMMIGRANTS RELEASED EVERY DAY INTO US, ADMIN OFFICIALS PRIVATELY TELL LAWMAKERS

“If a person is willing to put themselves into harm’s way crossing through very remote, very dangerous conditions to evade capture, you have to ask yourself why. What makes them willing to take that risk? That’s of concern to me,” he said. “What’s also of concern to me is I don’t know who that individual is. I don’t know where they came from. I don’t know what their intention is. I don’t know what they brought with them. That unknown represents a risk, a threat. It’s of great concern to anybody that wears this uniform.”

Hawley says the crisis has gotten worse under Mayorkas’ leadership.

“The yearly number of gotaways has increased dramatically under your watch, up from nearly 600,000 in fiscal year 2022 and more than double the 389,515 in fiscal year 2021,” he says. “All told, nearly 2 million illegal immigrants have successfully evaded border officials during the Biden Administration.”

He also cited reports that there were over 302,000 migrant encounters in December, itself a new record.

Dec. 18, 2023: Migrants flood into Eagle Pass, Texas, waiting to be processed. (Fox News)

“These unprecedented figures underscore the need for you to be fully transparent about your Department’s own accounting of the southern border crisis,” he said.

He is asking for DHS to corroborate the CBO estimate, and to provide methodology of how gotaway estimates are calculated, and how many suspected terrorists, violent criminals and other felons are among them.

DHS has previously noted that gotaways have been an issue for multiple administrations, blaming it on a “broken” immigration system that is in need for reform and funding from Congress. The administration is seeking over $14 billion in border funding, which includes money for technology and staffing at the border. That funding is currently being held due to Republican demands for limits on asylum and the use of parole.

DHS has said that its investments in technology and personnel it has been able to make has led to high levels of apprehensions, including over 70% in 2021, and that the average rate has remained identical to the Trump administration, compared to around 35% between 2002-2004. 

The department says that there is also more awareness of who is getting in, even if they are not captured, due to those investments.

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“With the investments that this Congress has made in the Border Patrol, CBP as a whole, we have greater situational awareness now than I’ve ever had,” then-Border Patrol Chief Raul Ortiz said in March last year.

Fox News reported on Tuesday that so far in FY 24 there have been over 96,000 known getaways, an average of 800 a day.

Fox News’ Griff Jenkins contributed to this report.

 





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Fourth grade students in New Hampshire designed ‘I Voted’ stickers to be given out during primary elections


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New Hampshire voters from across the state were handed a unique “I Voted” sticker after casting their ballots on Tuesday, thanks to creative fourth grade students. 

Voters across the country are accustomed to receiving some version of a red, white and blue sticker with the phrase “I Voted” across the front at the polls. New Hampshire put a twist on an old idea by creating colorful new stickers designed by students.

The New Hampshire Secretary of State and Deputy Secretary of State ran the first “I Voted” Sticker Contest during this 2024 election cycle. 

A roll of student designed "I Voted" stickers at voting location in New Hampshire

Three students out of the 1,000 plus who entered the contest were chosen to have the stickers they designed given out at the polls. (Scott Eisen/Getty Images)

FOX NEWS VOTER ANALYSIS: WHAT NEW HAMPSHIRE VOTERS WANT IN A GOP NOMINEE

Over 1,000 fourth graders from across the state sent in their designs, and three were chosen to be given out during the state’s primary election.

“We were thrilled by the number of submissions we received from highly engaged fourth graders across New Hampshire,” said Deputy Secretary of State Erin Hennessey in a statement. “Their designs showed a high level of talent, home state pride, and engagement in our election process. It was difficult to pick just three winners!”

The rules for the contest were simple. The phrase “I Voted” was required to be somewhere on the sticker. Additionally, designs had to be drawn on a two-inch wide template. The stickers had to capture the spirit of the state while also encouraging people to get out and vote in the presidential primaries. 

Register to vote sign in New Hampshire

The New Hampshire primaries were on Jan. 23, 2024. (Al Drago/Bloomberg via Getty Images)

TRUMP ‘HONORED’ BY NEW HAMPSHIRE WIN, SAYS REPUBLICAN PARTY IS ‘VERY UNITED’ 

Grace of Milton, Jacob of Auburn and Rilynn of Mount Vernon, created unique designs it onto the final selection of voting stickers. 

Grace’s “I Voted” sticker features the Old Man of the Mountain, a beloved symbol of the Granite State. The Old Man of the Mountain, a rock formation that resembled the side profile of a man’s face, crumbled on May 3, 2003. Even though the rock formation no longer exists on Cannon Mountain in Franconia, New Hampshire, the former landmark still serves as a symbol of the state. On Grace’s sticker, the Old Man of the Mountain rests against an American flag. 

Jacob also incorporated an American flag into his design, on the upper half of the sticker. Below, a fisher, shaped like the state of New Hampshire, casts a line into the blue water. 

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New Hampshire voter wears "I Voted" sticker on jacket

The sticker designed by Rilynn captures the scenery New Hampshire has to offer. (JOSEPH PREZIOSO/AFP via Getty Images)

Rilynn decided to make the letter “O” in the phrase “I Voted” into the shape of New Hampshire. This sticker encompasses the fall foliage New Hampshire offers, with mountains in the background and a moose in the foreground. 

These unique stickers were given out at polling stations around the state. The winners were also invited to lunch with Hennessy and Secretary of State David Scanlan. 



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Biden’s Pentagon nominee grilled on selling of border wall parts, Chinese spy balloon: ‘Caught flat-footed’


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President Biden’s nominee for second-highest civilian position in the U.S. Air Force was grilled by Congress on Tuesday regarding the Department of Defense’s selling off of border wall parts, as well as the handling of the Chinese spy balloon, among other issues impacting national security. 

Melissa Dalton, who has served as the Pentagon’s Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs since 2022, appeared before the Senate Committee on Armed Services on Tuesday as she’s being considered for a second time for the role of Under Secretary of the Air Force. Biden nominated her for the Air Force’s No. 2 civilian role in September, but because the Senate didn’t act before the end of the year, the White House renominated Dalton this month. 

In his opening statement, Ranking Member Sen. Roger Wicker, R-Miss., raised concern that Dalton “has virtually no experience with the Air Force.” 

“Ms. Dalton, the Air Force and Space Force both possess insufficient capacity and capability to meet their growing mission sets. This is the case even as we march toward a state of maximum vulnerability in the Pacific. The last confirmed appointee to the post that Ms. Dalton has been appointed for was not focused on this challenge. She created division in our military instead of prioritizing readiness and modernization,” he said. “If Ms. Dalton is confirmed, I hope that she will not do the same. Regrettably, her performance in her current position gives me pause.”

While Dalton has been at her post, Wicker charged, the “Department of Defense was caught flat-footed as a Chinese surveillance balloon traversed the continental United States and flew over military sites,” and “when Congress sought more information, she, along with others at the Department, evaded Constitutionally-authorized oversight.” 

BIDEN ADMIN’S TOP OFFICIALS ATTEMPTED TO ‘CONCEAL’ CHINESE SPY BALLOON FROM PUBLIC, CONGRESS EXPOSED: REPORT

Wicker also raised concern over Dalton’s handling of the Pentagon’s responsibilities at the southwestern border. 

“At one point, the Department of Defense was spending $130,000 every single day to store, instead of use, border wall construction materials,” he said. “They were already manufactured, they were ready, and yet we were spending $130,000 to store them. Meanwhile, illegal migration broke records. Later, we found out that the Department of Defense had initiated a process in which these panels would be auctioned for pennies on the dollar — a clear effort to circumvent emerging Congressional intent as the FINISH IT Act was being added to the NDAA. That act was added to the NDAA; it is now the law of the land.”

Melissa Dalton appears for nomination hearing

Melissa G. Dalton, nominee to be under secretary of the Air Force, testifies during her Senate Armed Services Committee confirmation hearing on Jan. 23, 2024.  (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Specifically, Wicker took issue with Dalton failing to deliver the Homeland Defense Planning Guidance until the end of 2023 — over a year after the release of the National Defense Strategy. 

“This track record casts a shadow on this nomination,” he said. 

Sen. Mike Rounds, R-S.D., was also among the Republicans to challenge Dalton about the border, as well as the Chinese spy balloon, which entered U.S. airspace over Alaska, crossed through Canada and then over the continental United States, reportedly gathering key intelligence about U.S. military sites, before it was shot down off the coast of South Carolina.

“This was under your watch. Were you in the direct chain of command in regards to the decision not to shoot the balloon down until after it had left American airspace?” Rounds demanded. 

Dalton admitted she was one of the officials advising Austin, adding that “the best military advice to not shoot down over U.S. territory came from our U.S. senior military officials.” 

Melissa Dalton before testifying on chinese spy balloon

Assistant Secretary of Defense Melissa Dalton arrives for a closed-door, classified briefing for senators at the U.S. Capitol on Feb. 14, 2023 in Washington, DC, after the U.S. military shot down a Chinese surveillance balloon.  (Chip Somodevilla/Getty Images)

BIDEN QUIETLY AUCTIONS OFF BORDER WALL PARTS TO STUNT REPUBLICAN EFFORT TO RESTART CONSTRUCTION: REPORT

Noting that at the time Dalton’s nomination to hold her current role passed the same committee in 2022, she was “not controversial,” Rounds said that since then, “two items have happened that now call into question that confidence.” 

Regarding the spy balloon, Rounds warned, “This is an area you will be challenged on this particular one because it’s a question of judgment and recommendations being made. I think that between now and the time that a vote is held on your nomination, I think you’ve got some work to do to regain the confidence of a lot of the members on this committee.” 

Sen. Kevin Cramer, R-N.D., also pressed Dalton on when she first was made aware of the spy balloon. 

Melissa Dalton testified before Congress about handling of Chinese spy balloon

Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, Melissa Dalton, testifies before a Senate Appropriations Committee subcommittee on Defense hearing on the Chinese spy balloon on Feb. 9, 2023. (JIM WATSON/AFP via Getty Images)

Dalton testified she first heard of the balloon on Jan. 27, 2023, the same day as Defense Secretary Lloyd Austin. 

“My initial advice was that we absolutely needed to understand what capabilities were on the PRC high altitude balloon. NORAD NORTHCOM was tracking it and characterizing it, but we needed to get to the bottom of what it was doing, what its intentions were,” she said. 

Cramer pressed Dalton on why it was not “instinctive” for her to ever initiate an internal review of all the policies and processes, including the siloing of various intelligence agencies, in the aftermath of the incident, adding that it took the Senate Armed Service Committee to do so. 

“Did it ever occur to you, ‘Gee, this is something we should maybe dig into a little bit and see where our failings are’?” Cramer posed. 

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After insisting the department had incorporated the “lessons learned” in the development of the homeland defense policy guidance over the last year that was signed by Austin in December, Dalton was again grilled on what she would have done differently in the event of the crisis itself. 

“We as a community could have had better national level integration at the local level — what I saw in the early days of the PRC HAB was that we were very well wired for responding to hurricanes, to wildfires, and that is the day-to-day existence for defense supported civil authorities, but it hadn’t been since World War II that we had an incursion over U.S. territory from a foreign adversary, and so getting that national to federal to state and local integration happened, but I think in real time we could have been more expeditious about it, and we will do so going forward,” she said. 

“It’s OK to have been wrong,” Cramer told Dalton. “A correction is what we’re looking for.” 



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