Over 1.7M migrants who could pose national security risk arrived in US during Biden admin: report


FIRST ON FOX: More than 1.7 million migrants have been encountered at the U.S. border and have come from countries that officials believe pose a national security threat to the U.S., according to a new House report.

The report by the House Judiciary Committee says the number of “special interest aliens” (SIAs) came from a congressional staff briefing by Department of Homeland Security (DHS) officials. SIAs are those who have come from countries identified by the U.S. government as having conditions that promote or protect terrorism or potentially pose some sort of national security threat to the U.S.

In 2019, the DHS defined an SIA as “a non-U.S. person who, based on an analysis of travel patterns, potentially poses a national security risk to the United States or its interests. Often such individuals or groups are employing travel patterns known or evaluated to possibly have a nexus to terrorism.”

HARRIS VISITS CRUCIAL BORDER STATE AS IMMIGRATION RECORD SPARKS SCRUTINY: A TIMELINE

Jim Jordan

The report is from the House Judiciary Committee, where Rep. Jim Jordan, R-Ohio, is chairman. (Anna Rose Layden/Getty Images)

“DHS analysis includes an examination of travel patterns, points of origin, and/or travel segments that are tied to current assessments of national and international threat environments,” it said.

The House report says that there are currently 26 special interest countries, including Afghanistan, Cuba, Iran, Iraq, Libya, Nigeria, Syria and Turkey. The agency recently removed 11 countries from the list and added 12 others, including North Korea, China and Venezuela.

The U.S. has seen numerous Chinese and Venezuelan nationals in particular, with nearly 300,000 Venezuelans encountered at the border this fiscal year so far and more than 73,000 Chinese nationals.

Border Patrol sources have previously told Fox News they have extreme concerns about people coming across from special interest countries, given they have little to no way to vet them. Unless they have committed a crime in the U.S. or are on a federal watch list, agents have no way of knowing their criminal history because their countries do not share data with the U.S., so there is nothing to match their name against when authorities run their fingerprints.

ILLEGAL IMMIGRANTS WITH ‘TERRORISM TIES’ WILL CONTINUE TO EXPLOIT BORDER, HOMELAND SECURITY REPORT WARNS

The committee said that DHS told the committee that being a national from a special interest country does not affect a migrant’s admissibility into the U.S., although officials have previously stressed that all migrants are vetted using a multi-layered process that includes biographic and biometric information.

As an example of the risks that can be posed by the release of SIA migrants, the committee pointed to the case of Mohammad Kharwin, who was released into the U.S. and later on bond by an immigration judge despite potential terror ties. The DHS located and rearrested him two weeks later. DHS has since agreed to a voluntary departure of Kharwin from the U.S., and he is currently in ICE custody.

“Congress must take seriously its efforts to secure the border and stop the weakening of U.S. national security,” the report said.

Eagle Pass border crossings

Texas National Guard troops watch over more than 1,000 immigrants who had crossed the Rio Grande overnight from Mexico in Eagle Pass, Texas, on Dec. 18, 2023. (John Moore/Getty Images)

“As the case of Mohammad Kharwin exemplifies, the Biden-Harris Administration has sown chaos at America’s borders and allowed potential national security and counterintelligence threats to enter the United States — and, at least in Kharwin’s case, be released into the country multiple times,” it said.

The report found that there were around 98,000 SIA encounters in FY 21, which went up to 482,705 in FY 22, then 597,058 in FY 23 and 531,768 in FY 24 so far. Of those, most were encountered at the southern border, with 95,705 southwest border encounters of special interest aliens in fiscal year 2021; 465,664 in 2022; 566,079 in 2023; and 504,215 in 2024 so far. 

The increase in SIAs has come amid an ongoing debate about the southern border and how to tackle it. The Biden administration has pointed to a sharp drop in encounters since June, which it attributes to a June presidential proclamation which limited the number of asylum entries into the U.S. 

According to those numbers, encounters between ports of entry have decreased by more than 50%, and DHS has removed or returned more than 131,000 individuals to more than 140 countries, including operating more than 400 international repatriation flights. 

“In that period, DHS has almost tripled the percentage of noncitizens processed for Expedited Removal, and the percentage of releases pending immigration court proceedings is down nearly half. Total removals and returns over the past year exceed removals and returns in any fiscal year since 2010 and a majority of all southwest border encounters during the past three fiscal years resulted in a removal, return, or expulsion,” Customs and Border Protection said in a release last month.

It has also called for the passage of a bipartisan Senate bill that would increase funding to border agencies, including for detention beds, and would also place limits on migrant entries into the U.S. Conservatives have said it would codify high levels of illegal immigration.

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Vice President Kamala Harris visited the border in Arizona last week and hammered former President Trump for his lack of support for the bipartisan bill. However, Republicans have noted that the House passed a sweeping border security bill last year, but the Senate has yet to pass that either.

Fox News’ Bill Melugin contributed to this report.

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





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Biden admin clarifies Buttigieg video on civilian drones after Hurricane Helene


The U.S. Department of Transportation (DOT) clarified a message that warned civilian drone pilots not to fly near Hurricane Helene recovery and rescue efforts — or risk penalty, fines or “criminal prosecution” — after facing intense backlash online. 

Reached by Fox News Digital, a DOT spokesperson said civilian drone pilots are permitted and are assisting in rescue and recovery efforts, and previous “temporary flight restrictions” have since been lifted. 

Some X users — collectively with millions of followers — reacted adversely to a message addressed to drone pilots and with accompanying video from Transportation Secretary Pete Buttigieg shared by the department earlier this week. The message and video argued the restrictions would prohibit civilian volunteers from legally searching for victims or survivors when response time matters most or capturing their own footage of the disaster.

“The USDOT tweet from yesterday was referring to temporary flight restrictions that were in place but were lifted late last night,” a DOT spokesperson told Fox News Digital Thursday, citing the FAA. 

TRUMP TARGETS BIDEN, HARRIS OVER FEDERAL RESPONSE TO HURRICANE: ‘INCOMPETENTLY MANAGED’

The spokesperson explained the FAA “is not banning drones from providing Hurricane Helene disaster relief and recovery assistance.” 

“At times, local authorities and law enforcement request the Federal Aviation Administration issue a Temporary Flight Restriction (TFR) in order to ensure safety for aircraft or drones operating in certain areas,” the spokesperson said in a statement. “These restrictions occur at the request of local authorities or law enforcement. FAA does not put these into place without requests.” 

The spokesperson said such restrictions apply to both manned and unmanned aircraft, or drones. 

“With proper authorization, drones (and other aircraft) are permitted to operate within a Temporary Flight Restriction,” the statement continued. “These are only for limited areas identified by law enforcement and local authorities. 

“Relief operations, including civilian operations and volunteers, that are coordinated with emergency responders can still access the airspace during these restrictions. Anyone looking to use a drone or other aircraft to assist in Hurricane Helene disaster relief and recovery efforts should coordinate with first responders and law enforcement on scene to ensure they do not disrupt life-saving operations.” 

Buttigieg and Biden in Hurricane Helene meeting

President Biden speaks alongside Transportation Secretary Pete Buttigieg during a briefing on Hurricane Helene response and recovery efforts in the Roosevelt Room of the White House Oct. 1, 2024, in Washington, D.C.  (Saul Loeb/AFP via Getty Images)

The clarification comes after the DOT posted to X Wednesday, writing: “Drone pilots: Do not fly your drone near or around rescue and recovery efforts for Hurricane Helene. Interfering with emergency response operations impacts search and rescue operations on the ground.”

In an attached video message, Buttigieg said, “Our goal is to make sure that funding is no obstacle to very quickly getting people the relief that they need and deserve. 

“There’s also some safety issues that come up. For example, temporary flight restrictions to make sure that the airspace is clear for any flights or drone activity that might be involved in helping to allow those emergency responders to do their jobs.” 

The post pointed to the account for FAADroneZone, the Federal Aviation Administration’s site for drone activity. 

“Interfering with emergency response efforts may result in fines or criminal prosecution,” FAADroneZone wrote, reposting Buttigieg’s remarks. “Always check Temporary Flight Restrictions before you fly.” 

North Carolina rescuers on foot after Hurricane Helene

Search and rescue team members hike along North Carolina Route 9 in the aftermath of Hurricane Helene Oct. 1, 2024, in Bat Cave, N.C.  (Sean Rayford/Getty Images)

The posts quickly received heavy criticism on social media. 

“The statement from Buttigieg comes as the federal government continues to shuffle its feet to help people in need,” Trending Politics co-owner Collin Rugg wrote to his 1.5 million followers on X. 

NORTH CAROLINA COMMUNITY ‘HUNTING’ FOR MISSING TEACHERS IN ‘DEVASTATING’ AFTERMATH OF HURRICANE HELENE

“Kamala Harris announced that survivors could potentially get $750 in federal assistance,” Rugg added. “Homeland Security Secretary Alejandro Mayorkas says FEMA doesn’t have enough money to make it through hurricane season after spending hundreds of millions of dollars on illegals.” 

“U.S. Secretary of Transportation Pete Buttigieg tells Americans to stop using drones to help victims of Hurricane Helene. They’re using drones to FIND SURVIVORS,” podcaster Chad Prather wrote to his 496,800 followers.

“Pete Buttigieg has declared that private drones are BANNED from flying over areas affected by Hurricane Helene. They’re deliberately impeding the ability of volunteers to assist in search and rescue and documenting the extent of the disaster,” conservative journalist Ian Miles Cheong, who has 1.1 million followers on X, added. 

Hurricane damaged home in western North Carolina

The remnants of a home are seen in Lake Lure, N.C., Oct. 2, 2024, after the passage of Hurricane Helene.  (Allison Joyce/AFP via Getty Images)

The death toll from Hurricane Helene surpassed 200 people across affected states as of Thursday. Hundreds remain unaccounted for in the aftermath. 

Buttigieg visited FEMA headquarters and joined Cabinet members Tuesday to brief President Biden at the White House on the destruction of Hurricane Helene. 

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The FAA, meanwhile, deployed teams “to restore communications to impacted towers and airports, including delivering satellite communications kits to the Asheville Regional Airport in North Carolina and ongoing work at Valdosta Regional Airport in Georgia,” the DOT said Tuesday. 

“FAA supported FEMA with two aircraft to conduct flyover assessments and transport emergency personnel and gear, such as satellite communications kits. FAA is also monitoring fuel supplies at several airports in Florida, Georgia, North Carolina and South Carolina that are experiencing reduced fuel delivery due to storm impacts on fuel suppliers.”  



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Hundreds of national security officials, ex-Cabinet members, Gold Star families endorse Trump


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More than 400 national security and foreign policy officials, ex-Cabinet members, retired military officers and Gold Star families endorsed former President Trump on Thursday.

In an open letter organized by former National Security Adviser Robert O’Brien and former NSC Chief of Staff Alex Gray, the signatories condemn the “repeated failures” of the Biden-Harris administration’s foreign policy and urged Americans to re-elect Trump.

“From a world at peace under President Trump, we are closer to a third world war than ever before under the Biden-Harris Administration,” the letter states. “With multiple escalating wars around the world, an open border that allows terrorists to flood into the American homeland, and malign actors like China operating unabated, U.S. national security has been profoundly damaged by the failed policies of Kamala Harris and Joe Biden.”

The endorsement was signed by several prominent officials from the Trump administration, including former Secretary of State Mike Pompeo, former Attorney General Bill Barr, former U.S. Ambassador to the United Nations and former 2024 Republican presidential candidate Nikki Haley, and many more.

TRUMP’S 2ND TERM FOREIGN POLICY LIKELY TO FOCUS ON ‘STRENGTH’ AND ‘DETERRENCE’: EXPERT

President Trump speaks at meeting of WH coronavirus task force alongside National Security Adviser Robert O'Brien, Attorney General William Barr and Defense Secretary Mark Esper

Then-President Trump speaks in the press briefing room flanked by Attorney General Bill Barr, second left, Defense Secretary Mark Esper, right, and National Security Advisor Robert O’Brien. (Win McNamee/Getty Images)

Eleven family members of the 13 American troops killed at Abbey Gate at Kabul’s airport during the 2021 U.S. withdrawal from Afghanistan also signed the letter, which praised Trump’s foreign policy record in contrast to Biden’s controversial actions. 

“When President Trump took office, the war in Afghanistan had dragged on for almost 16 years. By February 2020, a peace agreement was reached, ensuring no American soldier was killed in combat until the end of the Trump Administration. This agreement held strong because the Taliban understood President Trump’s resolve and U.S. forces were prepared to ensure their compliance,” the letter reads.

VOTERS IN CRITICAL MICHIGAN COUNTY FOCUSED ON ECONOMY, CANDIDATE CHARACTER AS 2024 RACE TIGHTENS

Donald Trump visits Arlington Cemetery

Former President Trump visits Arlington Cemetery to pay tribute to the 13 service members who were killed during the U.S. evacuation from Afghanistan in 2021. (Andrew Leyden/NurPhoto via Getty Images)

“The botched withdrawal from Afghanistan under the Biden-Harris Administration in 2021, led to the unnecessary deaths of thirteen brave American troops at Abbey Gate and left untold billions of dollars of high grade military equipment to the Taliban, making it the most well-armed terror organization in the world.”

Additionally, 40 retired U.S. ambassadors, 75 retired senior military officers and several hundred officials from previous Republican administrations signed the letter, praising Trump’s diplomatic efforts on cease-fire agreements between Turkey and Kurdish fighters in Syria and the Abraham Accords. The letter refers to Trump as a “peacemaker.” 

TRUMP TARGETS BIDEN, HARRIS OVER FEDERAL RESPONSE TO HURRICANE: ‘INCOMPETENTLY MANAGED’

President Trump Hosts Abraham Accords Signing Ceremony On White House South Lawn

Israeli Prime Minister Benjamin Netanyahu and then-President Trump participate in the signing ceremony of the Abraham Accords on the South Lawn of the White House on Sept. 15, 2020. (Alex Wong/Getty Images)

“Securing peace is in the greatest tradition of American foreign policy and the Judeo-Christian principles upon which our nation was founded,” the letter continues before quoting from Jesus’ Sermon on the Mount in the Gospel of Matthew. “Jesus said, ‘blessed are the peacemakers, for they shall be sons of God.’ (Matthew 5:9) Such is the legacy of the Trump Administration.”

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Writing on X, O’Brien said he was “honored” to join his colleagues from the Trump administration in “supporting a return to a ‘peace through strength’ foreign policy under President Trump.”

Another signatory, Dr. Jerry Hendrix, former director of the Secretary of the Navy’s Advisory Panel, said it “wasn’t a hard decision” to attach his name to the letter.

“Trump had 1 of the more successful foreign policy presidencies since the Cold War,” Hendrix wrote on X. “He ended sequestration. He invested in the Navy. The Biden-Harris admin has been one foreign policy debacle after another.” 

The Trump campaign did not respond to a 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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Kamala Harris teams up with Liz Cheney in the birthplace of the Republican Party


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RIPON, WI – As she turns up the volume on her efforts to court disgruntled Republicans in her battle with former President Trump for the White House, Vice President Kamala Harris on Thursday teamed up with the most visible anti-Trump Republican in the town that claims to be the birthplace of the GOP.

Harris campaigned in battleground Wisconsin with former Republican Rep. Liz Cheney, a one-time rising conservative star in the GOP who, in the wake of the Jan. 6, 2021 attack on the U.S. Capitol, has vowed to do everything she can to prevent Trump from returning to power.

“I have never voted for a Democrat but this year I am proudly casting my vote for Vice President Kamala Harris,” Cheney told the audience, as she formally endorsed the Democratic presidential nominee. “As a conservative, as a patriot, as a mother, as someone who reveres our Constitution, I am honored to join her in this urgent cause.”

Harris praised Cheney as a leader who “puts country above party and above self – a true patriot.”

WHITE HOUSE LAWYERS WHO ADVISED REAGAN AND BUSH BACK HARRIS OVER TRUMP

The campaign event took place in Ripon, Wisconsin, where a one-room schoolhouse was designated a national historic landmark due to its role in holding a series of meetings in 1854 that led to the formation of the Republican Party.

The younger Cheney was once rising in the ranks of House Republican leadership.

But she was the most high-profile of the 10 House Republicans who voted to impeach then-president Trump in early 2021 on a charge of inciting the deadly Jan. 6th attack on the Capitol, which was waged by right-wing extremists and other Trump supporters who aimed to disrupt congressional certification of President Biden’s Electoral College victory in the 2020 election.

TRUMP UPS HIS ANTE IN THE 2024 FUNDRAISING FIGHT WITH HARRIS

The conservative lawmaker and defense hawk immediately came under verbal attack from Trump and his allies, and was eventually ousted from her number-three House GOP leadership position.

Cheney, who has been vocal in emphasizing the importance of defending the nation’s democratic process and of putting country before party, was one of only two Republicans who served on a special select committee organized by House Democrats that investigated the riot at the Capitol.

Former Congresswoman Liz Cheney, R-Wyo., speaks at a campaign event for Democratic presidential nominee Vice President Kamala Harris at Ripon College in Ripon, Wis., Thursday, Oct. 3, 2024. (AP Photo/Mark Schiefelbein)

Former Congresswoman Liz Cheney, R-Wyo., speaks at a campaign event for Democratic presidential nominee Vice President Kamala Harris at Ripon College in Ripon, Wis., Thursday, Oct. 3, 2024. (AP Photo/Mark Schiefelbein) (AP Photo/Mark Schiefelbein)

In 2022, she was ousted in the GOP congressional primary in Wyoming by a candidate that was backed by Trump.

At a speaking event in early September at Duke University in swing state North Carolina, Cheney announced that she would be voting for Harris in the presidential election. Cheney’s father, former Vice President Dick Cheney, also endorsed Harris. 

Cheney on Thursday warned that “our republic faces a threat unlike any we have faced before. A former president who attempted to stay in power by unraveling the foundations of our republic.

She argued that Trump “can never be trusted with power again” and emphasized that “in this election, putting patriotism ahead of partisanship is not an aspiration, it is our duty.”

“What Jan. 6 shows us is there is not an ounce, not an ounce, of compassion in Donald Trump. He is petty. He is vindictive. He is cruel. And Donald Trump is not fit to lead this good and great nation,” Cheney claimed.

WHAT THE LATEST POLL IN BATTLEGROUND WISCONSIN SHOWS

Harris, speaking after Cheney, highlighted that “anyone who recklessly tramples on our democratic values as Donald Trump has, anyone who has actively and violently obstructed the will of the people and the peaceful transfer of power, as Donald Trump has….must never again stand behind the seal of the President of the United States.”

And Harris emphasized that “I take seriously my pledge to be a president for all Americans.

Democratic presidential nominee Vice President Kamala Harris, left, arrives to speak at a campaign event with former Congresswoman Liz Cheney, R-Wyo., right, at Ripon College in Ripon, Wis., Thursday, Oct. 3, 2024. (AP Photo/Mark Schiefelbein)

Democratic presidential nominee Vice President Kamala Harris, left, arrives to speak at a campaign event with former Congresswoman Liz Cheney, R-Wyo., right, at Ripon College in Ripon, Wis., Thursday, Oct. 3, 2024. (AP Photo/Mark Schiefelbein) (AP Photo/Mark Schiefelbein)

Cheney was not always a fan of Harris.

The Trump campaign on Thursday repeatedly pointed to a social media post by Cheney during the 2000 election where she argued that “@KamalaHarris has a more liberal voting record than Bernie Sanders and Elizabeth Warren. Her radical leftist views-raising taxes, banning gun sales, taxpayer $ for abortion & illegal immigrant health care, eliminating private health insurance-would be devastating for America.”

Trump, speaking with Fox News’ Bill Melugin during a rally in Michigan on Thursday, said that Cheney was “terrible” and “a stupid warhawk. All she wants to do is shoot missiles at people.”

On Cheney’s backing of Harris, Trump argued “I think they hurt each other. I think they’re so bad, both of them.”

The Cheneys are part of a growing list of prominent Republicans who are supporting Harris.

Two other high-profile anti-Trump Republicans — former Rep. Adam Kinzinger of Illinois and former Georgia Lt. Gov. Geoff Duncan – had speaking roles at the Democratic National Convention, which was held six weeks ago in Chicago.

The Harris campaign makes a pitch to attract Republican voters who don't support Trump

Former Republican Rep. Adam Kinzinger of Illinois speaks at the Democratic National Convention, on Aug. 22, 2024 in Chicago, Illinois  (Paul Steinhauser – Fox News )

And Harris is backed by more than 200 alumni who served in both Bush administrations or worked for the late Sen. John McCain and Sen. Mitt Romney, the 2008 and 2012 GOP presidential nominee. She’s also supported by more than 100 Republican former national security officials and other prominent Republicans.

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Ripon is not the only town that claims to be the birthplace of the GOP. Exeter, New Hampshire also has some bragging rites, as it was the site of meetings in 1853 – a year ahead of the Ripon gatherings – by disenchanted political leaders who discussed the formation of a new party of Republicans.

But officials in Ripon said the group in Exeter never actually formed a political organization, or chose officials, as they did in Wisconsin.

Vice President Kamala Harris, the Democratic presidential nominee, campaigns with former GOP Rep. Liz Cheney in Ripon, Wisconsin, the birthplace of the GOP, at an event on Oct. 3, 2024

Vice President Kamala Harris, the Democratic presidential nominee, campaigns with former GOP Rep. Liz Cheney in Ripon, Wisconsin, the birthplace of the GOP, at an event on Oct. 3, 2024 (Fox News – Paul Steinhauser)

Wisconsin is one of seven crucial battleground states with razor-thin margins that decided Biden’s 2020 White House victory and are likely to determine if Harris or Trump wins the 2024 presidential election.

With less than five weeks until Election Day in November, Harris and Trump are locked in a margin-of-error race in the key swing states.

While Trump retains vast sway over the GOP, even a small sliver of Republicans supporting Harris could make an important impact in what will likely be a race within the margins in the battleground states.

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



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Firefighters union chooses not to endorse presidential candidate


The International Association of Fire Fighters (IAFF) on Thursday said it would remain neutral in this year’s presidential race, electing not to endorse a candidate, becoming the second major union to do so in recent weeks.

The union’s executive board backed President Biden’s 2020 White House bid. In a statement, IAFF President Edward Kelly said the union membership voted by a margin of 1.2 percentage points not to endorse either Vice President Kamala Harris or former President Trump.

“Over the past year, the IAFF took unprecedented steps to hear our members’ views on the candidates and the policy issues that matter most to them,” Kelly said of the decision.

“As we have over our 106-year history, the IAFF will continue its work to improve the lives of firefighters and their families,” he added. “The IAFF Executive Board determined that we are better able to advocate for our members and make progress on the issues that matter to them if we, as a union, are standing shoulder-to-shoulder. This decision, which we took very seriously, is the best way to preserve and strengthen our unity.”

2024 SHOCKER: WHY THE TEAMSTERS STAYED NEUTRAL IN THE HARRIS-TRUMP SHOWDOWN

Vice President Kamala Harris and former President Donald Trump

Vice President Kamala Harris and former President Trump. On Thursday, the International Association of Fire Fighters said it would not be endorsing either candidate for president.  (Getty Images)

Fox News Digital has reached out to the Harris and Trump campaigns. 

The decision by the IAFF came weeks after the International Brotherhood of Teamsters announced it would not endorse a candidate either. 

WHY HARRIS CHARGED TRUMP’S ‘ONE OF THE BIGGEST LOSERS’

The Teamsters posted the results of internal polling on the 2024 candidates, showing that the union’s members favored Trump by 59.6% over Harris, who received 34% in an online survey. In a phone survey, Teamsters favored Trump over Harris, 58% to 31%. 

Screengrab from 'Fox & Friends' 9/19/24

Teamsters favored Trump over Harris, 58% to 31%. The International Brotherhood of Teamsters announced it would not endorse a candidate for president in 2024. (Fox News )

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“The union’s extensive member polling showed no majority support for Vice President Harris and no universal support among the membership for President Trump,” the union said at the time. 



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Trump attorneys argue Jack Smith’s obstruction charges be dismissed citing Supreme Court’s ‘Fischer’ decision



Trump attorneys filed a memo Thursday in support of their motion to dismiss all charges brought against the former president by Special Counsel Jack Smith, discussing the Supreme Court’s recent decision in Fischer v. United States, which they believe further supports their argument to dismiss the obstruction charges. 

The filing Thursday comes as Trump attorneys are using two blockbuster Supreme Court decisions—United States v. Trump, which dealt with presidential immunity, and United States v. Fischer, which dealt with obstruction—to attack the legal theories pressed by Special Counsel Jack Smith.

JUDGE UNSEALS KEY FILING IN SPECIAL COUNSEL’S ELECTION CASE AGAINST TRUMP

Trump attorneys filed a motion to dismiss all charges brought against the former president by Smith last year, but the case was stayed. The filing Thursday is a reply brief to their motion seeking dismissal of all charges. 

Trump attorneys in their brief on Thursday said Smith’s superseding indictment against the former president, which was filed after the Supreme Court ruled that presidents and former presidents had immunity from official acts, “seeks to assign blame for events President Trump did not control and took action to protect against.” 

“The Special Counsel blatantly ignores the fact that federal prosecutors have taken the opposite position in this District,” the filing states. “It is apparently of no consequence, to the Office and those who support their efforts, that former Speaker of the House Nancy Pelosi was caught on a previously undisclosed video accepting ‘responsibility’  for the events at the Capitol.” 

Trump attorneys also argue that General Mark Milley acknowledged, “long before charges were brought in this case” that Trump “had instructed the Defense Department on January 3, 2021 to ‘make sure that you have sufficient National Guard or Soldiers to make sure it is a safe event.” 

TRUMP BLASTS DOJ FOR ‘ELECTION INTERFERENCE,’ CALLS JACK SMITH CASE A ‘SCAM’ AFTER JUDGE UNSEALS KEY FILING

Trump was charged with count 1: conspiracy to defraud the United States; count 2: conspiracy to obstruct an official proceeding; count 3: obstruction of an attempt to obstruct an official proceeding; and count 4: conspiracy against rights. 

Trump attorneys, though, stressed that Smith and federal prosecutors “cannot ignore or hide from” new precedent from the Supreme Court’s decision in Fischer v. United States, saying it is “another key application of the rule of law to reject lawfare overreach targeting President Trump.” 

“Fischer requires the dismissal of Counts Two and Three of the Superseding Indictment, and its logic fatally undermines Counts One and Four as well,” the filing states. 

U.S. v. Fischer stems from a lawsuit filed by Joseph Fischer — one of more than 300 people charged by the Justice Department with “obstruction of an official proceeding” in the Jan. 6, 2021, riot at the Capitol. His lawyers argued that the federal statute should not apply, and that it had only ever been applied to evidence-tampering cases. 

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

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

The ruling reverses a lower court decision, which the high court said swept too broadly into areas like peaceful but disruptive conduct, and returns the case to the D.C. Circuit Court of Appeals, who will have the opportunity to reassess the case with Friday’s ruling in mind.

SUPREME COURT RULES IN FAVOR OF JAN. 6 CAPITOL RIOT PARTICIPANT WHO CHALLENGED OBSTRUCTION CONVICTION

“Under Fischer, the Office [of Special Counsel] may not use the statute as a catchall provision to criminalize otherwise-lawful activities selectively mischaracterized as obstructive by those with opposing political views,” the filing states, noting that the Fischer decision “requires proof of evidence impairment coupled with corrupt intent.” 

“Once stripped of President Trump’s official acts subject to immunity and protected First Amendment political advocacy, the Superseding Indictment lacks sufficient factual allegations to support either element as required by Counts Two and Three,” Trump attorneys argue. “President Trump expressed sincere and valid concerns about the integrity of the 2020 election pursuant to his authority as the Chief Executive.” 

Trump attorneys said Trump was “part of open, public discussion regarding use of contingent slates of electors in a manner consistent with historical practice and contemplated by the then-existing version of the Electoral Count Act.” 

“The congressional record from January 6 reflects lawful debates on certificate objections contemplated by the ECA, as well as acknowledgment of the historical precedent for the contingent slates,” they argued. “There is no precedent for a criminal prosecution based on such a record.” 

Trump attorneys said Smith’s office “cannot establish the required nexus between alleged obstruction and any ‘evidence’ used in the certification proceeding, or that anyone acted with corrupt intent.” 

TRUMP TRIAL STEMMING FROM JACK SMITH’S PROBE DELAYED PAST ELECTION DAY

Trump attorneys also said the Fischer decision “forecloses the Office’s efforts to rely on events at the Capitol on January 6 to support charges.” They said the “superseding indictment does not sufficiently allege that President Trump impaired, or intended to impair, the integrity or availability of any document or other object used in any official proceeding.” 

Meanwhile, when the Supreme Court earlier this year ruled that a president is immune from prosecution for official acts, Smith was then required to file another indictment against Trump, revising the charges in an effort to navigate the Supreme Court ruling. The new indictment kept the prior criminal charges but narrowed and reframed allegations against Trump after the high court’s ruling that gave broad immunity to former presidents. 

Trump pleaded not guilty to all charges in the new indictment as well. 

Last month, Chutkan said she would not hold the trial for Trump on charges stemming from Smith’s Jan. 6 investigation until after the 2024 presidential election. She set deadlines for replies and paperwork from federal prosecutors and Trump’s legal team for Nov. 7 — after Election Day. 



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Melania Trump’s abortion views in new memoir spur outrage from pro-lifers: ‘She is wrong’


Former first lady Melania Trump is drawing heat from pro-life advocates over an excerpt in her memoir where she suggests a woman’s right to choose an abortion is a “fundamental right of individual liberty,” according to a report Wednesday.

Melania Trump wife of Republican presidential candidate and former President Trump, wrote the memoir entitled “Melania” that is scheduled to come out on Oct. 8, per the Amazon release date. In the book, according to a preview by The Guardian, Melania expresses a viewpoint that has historically been at odds with the Republican Party’s platform. 

“It is imperative to guarantee that women have autonomy in deciding their preference of having children, based on their own convictions, free from any intervention or pressure from the government,” Melania reportedly wrote.

TRUMP RISKS LOSING SOME PRO-LIFE VOTERS UNLESS HE CHANGES ‘HIS TUNE’ ON ABORTION, ACTIVIST WARNS

Melania Trump in red suit

Former first lady Melania Trump to release her memoir entitled, “Melania.” (Leon Neal/Getty Images)

“Why should anyone other than the woman herself have the power to determine what she does with her own body? A woman’s fundamental right of individual liberty, to her own life, grants her the authority to terminate her pregnancy if she wishes.

“Restricting a woman’s right to choose whether to terminate an unwanted pregnancy is the same as denying her control over her own body. I have carried this belief with me throughout my entire adult life.”

The excerpts quickly drew the ire of pro-life advocates who have already been disgruntled by some of Trump’s seemingly ambiguous comments regarding abortion. 

“Melania Trump’s support of abortion is anti-feminist and clearly outside the teaching of our Catholic faith. She is wrong,” wrote Kristan Hawkins, president of Students for Life of America advocacy group. 

PRO-LIFERS BLAST TRUMP ‘BETRAYAL’ WITH SHIFTING ABORTION STANCE, ANSWER ON FLORIDA AMENDMENT 4

Lila Rose, founder of leading pro-life advocacy group Live Action, also responded to a promotional video Melania posted for her memoir in which she states, “Individual freedom is a fundamental principle that I safeguard… what does my body my choice really mean?”

“Who is this Melania Trump, or Kamala Harris? Functionally the same exact position on abortion,” Rose wrote on X. 

VANCE, WALZ SPAR OVER ABORTION AND IMMIGRATION IN FIRST AND ONLY VP DEBATE 

Melania Trump in white coast, black blouse

Melania Trump (Fox News/Hannity)

President of pro-life advocacy group Susan B. Anthony Pro-Life America, Marjorie Dannenfelser, wrote on X: “The women of America are capable of great strength and creativity. They are naturally inclined to speak for those who are powerless. Abortion is not the source of their freedom and liberation.”

In August, Trump sparked confusion among pro-life supporters about where he stood on an amendment that would upend Florida’s ban on abortions after six weeks’ gestation. Trump, after saying “I think the six-week is too short, there has to be more time,” to an NBC reporter when asked how he would vote, later walked it back and said he would vote against the amendment.

Other spouses of Republican presidents, such as Pat Nixon, Betty Ford, Nancy Reagan, Barbara Bush and Laura Bush, have been recorded either during or after their husbands’ tenure in office expressing pro-choice views.

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Trump has also said he opposes a nationwide abortion ban and the GOP’s official platform softened its language about its abortion stances this year.

Fox News Digital has reached out to Melania Trump’s office for comment but did not hear back by publication deadline.



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Fox News Politics: Jack Smith Strikes Back


Welcome to the Fox News Politics newsletter, featuring the latest political news from Washington, D.C. and updates from the 2024 campaign trail. 

Here’s what’s happening…

– Biden says he would not back Israeli strike on Iranian nuclear sites…

– North Carolina congresswoman’s husband is stranded in Hurricane Helene…

– Liz Cheney and Kamala Harris team up on the trail in Wisconsin…
 

Breaking it Down

A federal judge on Wednesday unsealed a key filing from special counsel Jack Smith’s updated election interference case against former President Donald Trump.

U.S. District Judge for the District of Columbia Tanya Chutkan unsealed Smith’s 165-page filing, in which Smith argues that Trump is not immune from prosecution for his alleged criminal scheme to overturn the 2020 election results. Smith submitted the document after the U.S. Supreme Court earlier this year ruled that a president is immune from prosecution for official acts. 

“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” Smith wrote. “Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted — a function in which the defendant, as President, had no official role.” …Read more

Jack smith at podium

WASHINGTON, DC – AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump at the Justice Department on August 1, 2023 in Washington, DC. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election.   (Alex Wong/Getty Images)

White House

‘RECKLESS FAILURE’: Watchdog group wants DOI investigated over ‘failure’ to protect federal property …Read more

‘SOWN CHAOS’: Eye-popping number of migrants with national security concerns arrived in US on Biden’s watch: report …Read more

‘PROPORTIONAL’: Biden says he would not back Israeli strike on Iran’s nuclear sites …Read more

Capitol Hill

‘POLITICAL MISINFORMATION’: 8 Dem lawmakers demand social media execs protect against ‘misinformation’ …Read more

CUT OFF: NGOs aiding illegal migrants would be barred from federal money under Gaetz bill …Read more

‘SHOCKED BY DEVASTATION’: North Carolina congresswoman’s husband stranded in home in district ravaged by Hurricane Helene …Read more

‘SERIOUS THREAT’: Dozens of lawmakers sound alarm to Garland on noncitizen voting …Read more

Merrick Garland closeup shot

Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Tuesday, Sept. 24, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Tales from the Trail

EYE OF THE STORM: Trump targets Biden, Harris over federal response to hurricane …Read more

HEATING UP: Ohio GOP Senate candidate Moreno hits Brown on Inflation Reduction Act vote in ad that’s part of $25M buy …Read more

‘ONE CANDIDATE GETS IT’: Voters in key swing county tell Fox what’s driving their vote this November …Read more

Michigan voters interviewed by Fox in collage

Voters from Kent County, Mich., spoke to Fox News Digital about the 2024 election. (Fox News Digital)

HARRIS AND CHENEY: Vice President Kamala Harris will team up with leading anti-Trump Republican Liz Cheney in battleground Wisconsin …Read more

BADGER STATE BRAWL: Trump trails Harris by 4 points in Wisconsin but leads on issues: poll …Read more

VIRGINIA SENATE DEBATE: Clinton ex-running mate Kaine, GOP challenger Cao spar on immigration, DEI in military …Read more

Across America

PUNTED: Federal judge blocks California law banning election deepfakes …Read more

‘MOST IMPORTANT THING’: Stevie Nicks releases ‘anthem’ to Roe v. Wade, abortion rights …Read more

Get the latest updates from the 2024 campaign trail, exclusive interviews and more on FoxNews.com.



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Judge rules that Biden admin violated environmental law in halt of border wall construction


A federal judge ruled in favor of a southern border rancher who had argued that the Biden administration had violated environmental law in it’s “haste to reverse its predecessor’s border policies” in 2021.

An Arizona rancher, Steven Smith, was part of the lawsuit, Massachusetts Coalition for Immigration Reform et al. v. U.S. Department of Homeland Security, challenging the Biden administration. The suit claimed that the Department of Homeland Security had failed to conduct a mandatory review required by the National Environmental Policy Act (NEPA) before halting border wall construction, a key Trump-era project.

Under NEPA, a federal agency must conduct an Environmental Assessment to determine whether a federal action has the potential to cause significant effects on the human environment, according to the Environmental Protection Agency.

After a two-day bench trial, Judge Trevor McFadden of the U.S. District Court for the District of Columbia issued a ruling on Friday that Smith “suffered concrete and particularized injuries” as a result of DHS not meeting the requirements of NEPA. 

ILLEGAL IMMIGRANTS WITH ‘TERRORISM TIES’ WILL CONTINUE TO EXPLOIT BORDER, HOMELAND SECURITY REPORT WARNS

Border fence construction materials sit unused on the U.S.-Mexico border on Aug. 22, 2024, south of Sierra Vista, Ariz. 

Border fence construction materials sit unused on the U.S.-Mexico border on Aug. 22, 2024, south of Sierra Vista, Ariz.  (Rebecca Noble)

The Trump-appointed judge also concluded that the actions taken by DHS, such as ending the “Remain in Mexico” policy, resulted in indirect effects relating to population growth.

Smith testified that migrant activity on his ranch had “dramatically increased” after President Joe Biden was elected, and that he had begun seeing illegal immigrants on his property multiple times a month and finds trash on a daily basis.

Smith claimed that the trash left by the migrants has had negative impacts on the environment, as well as on his own cattle, which were eating the litter. 

GAETZ TO INTRODUCE BILL CUTTING OFF FEDERAL AID TO GROUPS HELPING ILLEGAL IMMIGRANTS ENTER US

The rancher also testified that water for cattle and other wildlife was a very scarce resource and that migrants were taking it from a trough on his land. According to court documents: “While this may aid thirsty trespassers, it causes Smith to lose ‘thousands and thousands of gallons of water,’ which ‘can take [him] days and days and days to regain.” 

Border Patrol picks up a group of asylum seekers from an aid camp at the US-Mexico border near Sasabe, Ariz. on Wednesday, March 13, 2024. 

Border Patrol picks up a group of asylum seekers from an aid camp at the US-Mexico border near Sasabe, Ariz. on Wednesday, March 13, 2024.  (Justin Hamel)

The judge ruled that Smith, a Cochise County resident, “suffered tangible harms” caused by the migrant crisis and is entitled to relief after illegal immigrants “trespassed onto his land, stole his water, and trashed his property.” 

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“At trial, Smith proved as a matter of fact that his harms traced to migrants who reacted predictably to DHS’s decisions,” the ruling reads.



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Emhoff denies report he slapped ex-girlfriend outside ritzy overseas movie event


Second gentleman Doug Emhoff denied the veracity of a Daily Mail report in which three unnamed sources accused him of having slapped a former girlfriend during a 2012 trip to the Cannes Film Festival.

Fox News Digital has not been able to independently confirm the allegations.

“This report is untrue,” an unnamed representative for Vice President Kamala Harris’ husband told news outlet Semafor. “Any suggestion that he would or has ever hit a woman is false.”

The Daily Mail’s exclusive story on Tuesday quoted a trio of unidentified sources who claim Emhoff slapped his then-girlfriend while the couple waited in a valet line following an event in Nice, France, in 2012. The alleged altercation was purportedly sparked when the woman – identified only by the pseudonym “Jane” and described as a successful New York attorney – flirted with a valet, according to the article.

The Harris campaign, the Office of the Vice President and a representative for Emhoff’s ex-wife, Kerstin Emhoff, did not comment despite repeated requests from Fox News. 

Several media outlets, including Semafor, noted they had been unable to match the Daily Mail’s reporting and legacy media companies such as the New York Times have yet to report on the claims. 

The Daily Mail’s article hinged on the recollections of three people described as being Jane’s friends. The outlet said its sources requested anonymity due to fear of retaliation from Emhoff. The three friends reportedly provided the outlet with a photo of the pair when they were still a couple, as well as itineraries and correspondence between Emhoff and Jane to substantiate that they made the trip to France in May 2012.

‘HE IMPREGNATED HIS KID’S NANNY’: PSAKI RIPPED AFTER CLAIMING EMHOFF ‘RESHAPED’ MASCULINITY

Doug Emhoff wves

Second gentleman Doug Emhoff participates in stage testing ahead of the start of the Democratic National Convention at the United Center in Chicago on Aug. 19, 2024 in Chicago. (Chip Somodevilla/Getty Images)

One of the sources is described by the Daily Mail as a female New York attorney who learned about the alleged incident from Jane.

“He hauled up and slapped her so hard she spun around,” the source is quoted as saying. “She said she was in utter shock. She was so furious, she slapped him on one side, and then on the other cheek with the other hand.”

Another friend, described by the Daily Mail as a New York businessman, told the outlet Jane called him sobbing following the alleged incident. 

PROGRESSIVE WOMEN’S GROUPS SILENT ON SECOND GENTLEMAN DOUG EMHOFF’S AFFAIR

“It was very clear what she was telling me,” that source said, according to the Daily Mail. “She said she was with a guy, her date, she was at the Cannes Film Festival, and he hit her. She was in the car with the guy at the time.”

The male friend said he learned more details about the alleged episode after the initial phone call. 

Doug Emhoff embraces Kamala Harris

Vice President Kamala Harris hugs second gentleman Douglas Emhoff after speaking at the Democratic National Convention in Chicago on Aug. 22, 2024. (Mandel Ngan/AFP via Getty Images)

“It was something like 3 a.m. They were trying to get out of there and they both had been drinking. There was a gigantic line for taxis,” he told the outlet. “She went up to one of the valet guys, offered him 100 euros or whatever, to get to the head of the line. She told me she put her hand on his shoulder. Doug apparently thought that she was flirting, and came over and slapped her in the face.”

A third friend, described as a female executive, told the Daily Mail that she learned of the alleged incident in 2014, and purportedly found out new details from Jane in 2018, when Harris, then a senator from California, made headlines with her questioning of a Supreme Court nominee who had been accused of sexual assault.

“[She] is a gorgeous, strong woman and you would never expect somebody to hit her,” the third friend told the Daily Mail. “When he hit her she hit him back, like, ‘Don’t you ever do that again,'”

KAMALA HARRIS’ HUSBAND DOUG EMHOFF ‘RESHAPED THE PERCEPTION OF MASCULINITY’: MSNBC HOST

The third Daily Mail source added: “I asked her if he ever apologized. She said ‘no,’ but he commented about the hit she gave him. It was a tennis metaphor. But no apology at all.”

All three friends told the outlet that Jane hit Emhoff back after the alleged initial slap. They also claimed that Jane tried to leave the valet area after the alleged slap, but that Emhoff got into a cab with Jane.

Jane and Emhoff had been dating for about three months before the reported trip to France, according to the friends. Emhoff allegedly cut the trip short and returned to the U.S. for his daughter’s birthday at the end of May, and never saw Jane again, the friends told the outlet. 

Doug Emhoff speaks during Day 2 of the Democratic National Convention

Doug Emhoff points as he speaks at the Democratic National Convention in Chicago, Aug. 20, 2024. (Reuters/Mike Segar)

Emhoff’s alleged relationship with Jane unfolded after his 2008 divorce from his first wife and before his 2014 marriage to Harris. 

The New York Post on Wednesday slammed Emhoff as “Worst Gentleman” in its cover story detailing the Daily Mail’s article.

Doug Emhoff and Kamala Harris

Sen. Kamala Harris, then her party’s vice presidential nominee, and her husband Douglas Emhoff appear on stage at the Democratic National Convention on Aug. 19, 2020, in Wilmington, Delaware. (Win McNamee/Getty Images)

Emhoff is fresh off of a Sunday sit-down interview on MSNBC during which Jen Psaki celebrated him as having reshaped “the perception of masculinity.”

“There is also an important, interesting part about how people have talked about your role is how your role has reshaped the perception of masculinity,” Psaki said. “I’m not sure you planned on that, but you are an incredibly supportive spouse. Has that been an evolution for you? Do you think that’s part of the role you might play as first gentleman?”

Emhoff responded: “It’s funny. I’ve started to think a lot about this. I’ve always been like this. My dad’s always been like this. To me, it’s the right thing to do, support women. It is mutual with Kamala and I. We support each other, we have each other’s back.”

DOUG EMHOFF’S EX-WIFE RESPONDS AFTER SECOND GENTLEMAN ADMITTED TO AFFAIR WITH NANNY

He added: “I’ve said many times when we lift up women, we support women, whether it’s pay equity, child care, family leave, and all of these issues in this post-Dobbs hellscape. Women should not be less than. Women should not have less rights and be treated differently. That’s not the American way.”

Clips of the exchange spread like wildfire on social media as critics noted that, in August, Emhoff admitted to having an affair with his family’s nanny during his first marriage years ago.

Emhoff’s admission came shortly after the Daily Mail published a separate report in August claiming that he got his daughter’s nanny pregnant.

The affair occurred before Emhoff’s relationship with and eventual marriage to Harris. 

“During my first marriage, Kerstin and I went through some tough times on account of my actions. I took responsibility, and in the years since, we worked through things as a family and have come out stronger on the other side,” Emhoff said over the summer, acknowledging the affair, but not naming the nanny. 

Kerstin Emhoff

Kerstin Emhoff addressed her ex-husband Doug Emhoff’s affair with a nanny. (Tommaso Boddi/Getty Images)

Emhoff and his first wife were married from 1992 to 2008 and share two adult children. Harris married Emhoff in 2014, and helped co-parent his children, who call their stepmom “mommala.” 

HOW KAMALA HARRIS’ HUSBAND’S CHEATING SCANDAL COULD HELP TRUMP, EXPERT SAYS

Emhoff reportedly told Jane in 2012 about his divorce, according to her female friend who works as an executive. 

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The Daily Mail’s report was published just five weeks before the election, when Harris will square off against former President Trump at the ballot box. 

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



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Michigan swing county voters express doubts about both Trump and Harris


Voters in Kent County, Michigan, could play a large role in determining who wins November’s presidential election, but many voters in the area are still undecided about their choice.

“I think there is too much division in his country. I think people on the left and people on the right hate each other a lot and I don’t think that’s right,” said one Kent County voter, who told Fox News Digital he is still undecided.

The comments come as Kent County, which includes Michigan’s second-largest city of Grand Rapids and much of the surrounding area, figures to play an outsized role in November. 

While Michigan is well-known as one of the seven key swing states in the upcoming election, Kent County figures to be one of the key counties. Holding over 6% of the state’s population, the county has traditionally been known as a conservative haven. 

TRUMP TAKES NFL, NBA TO TASK ABOUT KNEELING DURING NATIONAL ANTHEM

photo montage of Michigan voters interviewed on the street

Kent County voters discussed their most important issues. (Fox News)

However, that trend has started to reverse itself in recent years, starting when former President Barack Obama was able to capture the county in 2008. Sen. Mitt Romney, R-Utah, won the county during his presidential bid in 2012, while former President Donald Trump took Kent County in 2016. It went back to Democrats in 2020, when President Biden was able to capture this important part of Michigan.

This year’s race promises to feature Kent County again, though some voters there remain unconvinced by the candidates.

“Something which stood out to me about Trump is that he didn’t bring us into any wars,” one undecided voter said before noting that he believed Vice President Kamala Harris’ “stance is a lot clearer on LGBTQ rights.”

Immigration stood out as an issue to some Kent County voters, with one telling Fox News Digital the issue was a matter of human rights.

“People having the rights to be in our country and the rights to health care,” said the voter, who indicated he was voting for Harris.

Kamala Harris at podium

Democratic presidential nominee Vice President Kamala Harris speaks at a rally on Sunday, Sept. 29, 2024 in Las Vegas. (AP Photo/Carolyn Kaster)

VANCE, WALZ VICE PRESIDENTIAL DEBATE ENDS WITH BOTH CANDIDATES TOUTING ‘NEW’ FUTURE

“Hopefully she can bring down housing costs and pretty much just inflation for young people like myself,” he added. “Trying to buy a house, trying to get loans and cars and things like that is very important for people of my age.”

However, another voter disagreed on the economy, arguing Trump is the right candidate to lead the country forward.

“I believe that a person who has run a company, that’s been in business, can do a better job than a lifelong politician in terms of making decisions,” the voter said.

That voter also indicated support for Trump on foreign policy, arguing he garnered the respect of world leaders.

“I think he was not afraid to stand up for what he felt is right,” he said. “I think other world leaders took note of that.”

Another voter, who indicated foreign policy was a key issue, disagreed.

Donald Trump at rally

Republican presidential nominee former President Donald Trump speaks at a campaign rally at Bayfront Convention Center in Erie, Pennsylvania, on Sunday, Sept. 29, 2024. (AP Photo/Rebecca Droke)

“One candidate gets it and the other doesn’t,” the voter, who indicated support for Harris, told Fox News Digital of the reason he is voting for Harris.

“She understands the importance of our standing on the global stage, international politics, and our national security. I don’t think Trump understands that,” the voter continued.

Yet others had more trouble picking a candidate, most notably because of the divisive nature of modern politics.

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“One day I’ll go one way and another day I’ll go another way,” one undecided voter told Fox News Digital.

“It’s hard to take her seriously, nothing sticks out about her,” she said on Harris, while also noting that he finds it “very hard to believe” that someone as rich as Trump ” could care about people that don’t have any money.”

The voter also deducted points from Trump because of the “tone of his voice.”

“The name calling, I don’t particularly care for that,” the voter said.

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



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Trump targets Biden, Harris over federal response to hurricane: ‘Incompetently managed’


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As President Biden spends a second straight day surveying damage and getting briefed on recovery and relief efforts in the storm-damaged Southeast, he’s once again coming under political attack from former President Trump.

As the death toll from Hurricane Helene climbs to close to 200 people, with hundreds still missing, millions still without power or running water, and damage estimated in the billions, Trump took to social media on Thursday morning to paint Biden and Vice President Kamala Harris as incompetent.

“Kamala and Sleepy Joe are universally being given POOR GRADES for the way that they are handling the Hurricane, especially in North Carolina,” Trump charged in a social media post. “It is going down as the WORST & MOST INCOMPETENTLY MANAGED ‘STORM,’ AT THE FEDERAL LEVEL, EVER SEEN BEFORE.”

Trump, who’s locked in a margin-of-error race with Harris with less than five weeks to go until Election Day in November, has been attacking the vice president and her boss over the federal response to the powerful storm for nearly a week.

BIDEN, HARRIS, INSPECT STORM DAMAGE WITH TRIPS TO SOUTHEAST 

Hurricane Helene is in the eye of the political storm

Former President Trump visits Valdosta, Georgia, a town impacted by Hurricane Helene, Monday, Sept. 30, 2024. (AP Photo/Evan Vucci)

And with two of the hardest hit states – North Carolina and Georgia – two of the seven key battlegrounds that will likely determine the outcome of the 2024 presidential election, the hurricane has become front-and-center in the White House race.

Trump this past weekend accused the president of “sleeping” at his beach house in Delaware as the storm blasted the Southeast.

NORTH CAROLINA RESIDENTS FIGHT FOR THEIR SURVIVAL

And speaking with reporters as he arrived in Valdosta, Georgia, on Monday to survey storm damage and bring relief aid, the former president charged that “the federal government is not being responsive.” 

And he falsely claimed that Biden had not spoken with Georgia Gov. Brian Kemp, a conservative Republican.

Pushing back against the political attacks, Biden has noted that he was on the phone with federal, state and local officials throughout the weekend and returned to the nation’s capital on Sunday afternoon to monitor storm rescue and relief efforts.

“We had over 1,000 federal personnel, including search and rescue teams, at the ready on the ground before it hit,” the president said on Tuesday. “Over the past several days, I’ve been in regular contact with the governors, the mayors, the county officials, and all the affected areas. That includes Florida, North Carolina, South Carolina, Georgia, Tennessee, Alabama and Virginia.

And Biden emphasized that his administration has sent “every available resource that we have at our disposal to the affected region” and pledged “we’ll be there until this work is done.”

HEAD HERE FOR THE LATEST FOX NEWS REPORTING ON HELENE’S HAVOC

More than half of the deaths from the storm are in North Carolina, where entire communities in the western part of the state were demolished by fast-moving waters.

As the floodwaters from the storm receded, North Carolina Gov. Roy Cooper lamented that, in the western part of his state, “communities were wiped off the map.”

President Biden and Gov. Roy Cooper greet first responders after touring areas impacted by Hurricane Helene, at the ariport in Greenville, South Carolina, Wednesday, Oct. 2, 2024.

President Biden and Gov. Roy Cooper greet first responders after touring areas impacted by Hurricane Helene, at the ariport in Greenville, South Carolina, Wednesday, Oct. 2, 2024. (AP Photo/Susan Walsh)

The president on Wednesday was in North Carolina, where he surveyed damage from a helicopter flight over the city of Ashville, one of the hardest hit areas. Biden also visited a rescue command center in the state before also stopping in neighboring South Carolina.

“My top priority is to ensure the communities devastated by this hurricane get the help and support they need as quickly as possible,” Biden told reporters Tuesday as he spoke during a Cabinet meeting focusing on the federal response.

And the president ahead of his trip to the region green-lighted the use of up to 1,000 active duty troops to support relief efforts.

And huddled with Democratic and Republican politicians from the region on Wednesday, Biden emphasized that “in a moment like this, we put politics aside, at least we should put it all aside. We have here – there are no Democrats or Republicans, only Americans – our job is to help as many people as we can, as quickly as we can, and as thoroughly as we can.”

Trump on Sunday attacked Harris for attending “fundraising events with her radical left lunatic donors” in California over the weekend. And he argued that Harris “ought to be down in the area” where the storm caused destruction.

On Monday during his stop in Georgia, Trump repeated the dig, saying, “The vice president, she’s out someplace campaigning looking for money.”

The White House has highlighted that the vice president over the weekend was on the phone with federal, state and local officials. 

Harris said on Saturday that she and the president “remain committed to ensuring that no community or state has to respond to this disaster alone.”

On Monday, Harris visited FEMA [Federal Emergency Management Agency] headquarters in Washington, D.C., where she received a briefing on relief and rescue efforts.

“We will do everything in our power to help communities respond and recover,” Harris vowed.

Harris on Wednesday traveled to Georgia to survey the impacts of the storm and receive an on-the-ground briefing and provide updates on the federal response.

“We are here for the long haul,” Harris told residents in Augusta, Georgia. “There’s a lot of work that’s going to need to happen over the coming days, weeks, and months, and the coordination that we have dedicated ourselves to will be long-lasting to get families, to get residents, to get neighborhoods back up and running.”

Harris was originally scheduled to take part Wednesday in a campaign bus swing through central Pennsylvania, another key battleground state, with her running mate, Minnesota Gov. Tim Walz.

With the vice president headed to Georgia, Walz headlined the bus tour, which came the day after he faced off in the running mates debate against Sen. JD Vance of Ohio, the GOP vice presidential nominee.

During his Monday stop in Georgia, Trump highlighted that “I’ve come to Valdosta with large semi-trucks, many of them filled with relief aid. A tanker truck filled up with gasoline, a couple of big tanker trucks filled up with gasoline, which they can’t get now. And we’ll be working to distribute it throughout the day.”

And a GoFundMe page set up by the Trump campaign earlier this week has raised over $4 million so far for storm victims.

“I’m committed to traveling to the impacted areas as soon as possible, but I’ve been told that it would be disruptive if I did it right now. We will not do that at the risk of diverting or delaying any of the response assets needed to deal with this crisis,” Biden told reporters on Monday.

And Harris said on Tuesday, “I plan to be on the ground as soon as possible – but as soon as possible without disrupting any emergency response operations, because that must be the highest priority and the first order of business.”

Harris in Georgia

Vice President Kamala Harris greets people who were impacted by Hurricane Helene in Augusta, Georgia, Wednesday, Oct. 2, 2024, as Augusta Mayor Garnett Johnson watches at right. (AP Photo/Carolyn Kaster)

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But the optics of Trump’s Monday stop in Georgia may have put some political pressure on Biden and Harris.

Longtime Republican strategist David Kochel said Trump had been “very aggressive” with his quick trip to the storm-damaged region. 

“I think he put a lot of pressure on them to try to do something,” Kochel, a veteran of numerous GOP presidential campaigns, told Fox News. “He’s out there pushing a line that they don’t care – they’re not doing anything and I think they’re reacting to it.”

The response by elected officials to natural disasters can impact their political standing.

President George W. Bush was heavily criticized in the summer of 2005 for his initial response to Hurricane Katrina, which devastated New Orleans.

And Trump faced criticism early in his White House tenure as Puerto Rico struggled to recover from a powerful storm. The president was pilloried for throwing paper towels to the crowd as he stopped by a relief center during a storm-related visit to the island.

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



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Ohio Senate race: Moreno ad slams Brown, Harris for Inflation Reduction Act


FIRST ON FOX – Ohio Republican Bernie Moreno is hitting incumbent Democrat Sen. Sherrod Brown on his Inflation Reduction Act vote in a new ad that’s part of a $25 million new buy ahead of Election Day. 

The 30-second ad spot, which will run on television and digitally, opens with a single mother from Versailles, Ohio, saying she can’t believe the current prices for groceries. 

“It’s a lot tougher to provide for my kids with the Democrats’ inflation,” the woman, Carla, says. “Sherrod Brown’s only made things worse. Brown supported Kamala, not us, and voted for her radical Inflation Act, and now prices are at a 40-year-high. Bernie Moreno will fight to lower prices and stop inflation. That’s why I trust Bernie Moreno to help Ohio families.” 

The ad, first obtained by Fox News Digital in advance of its planned roll out, also includes the message on screen: “Sherrod Brown voted for Kamala’s Inflation Act.” 

VIRGINIA SENATE DEBATE: CLINTON EX-RUNNING MATE KAINE, GOP CHALLENGER CAO SPAR ON IMMIGRATION, DEI IN MILITARY

It was paid for by Bernie Moreno for Senate and the National Republican Senatorial Committee.

“Hardworking Ohioans are suffering under the record-high inflation created by Kamala Harris and Sherrod Brown,” Moreno said in a statement to Fox News Digital. “While he claims to fight for Ohio, families are unable to afford basic necessities. In November, we will send him packing and get our economy back on track.” 

Moreno’s campaign told Fox News Digital that the ad is part of an additional $25 million in spending. It comes just 33 days before the Nov. 5 election. Early voting in Ohio starts Oct. 8. 

The contest is on track to be the most expensive Senate race this cycle, with $310.4 million in spending from both campaigns as of August, according to Axios.

As of August, Moreno shelled out $158.4 million and Brown spent $152 million, Axios reported. 

Brown’s campaign announced Wednesday it will report raising nearly $31 million in the third quarter. 

Moreno on stage at RNC

Bernie Moreno comes on stage to speak at the Republican National Convention in Milwaukee, Wisconsin, July 16, 2024. (Angela Weiss/AFP via Getty Images)

Fox News has labeled the race between Moreno and Brown as a toss-up. 

NRA TARGETS SEN SHERROD BROWN IN 7-FIGURE AD BUY IN OHIO: ‘VOTE LIKE YOUR LIFE DEPENDS ON IT’

Fox News Digital reached out to Brown’s campaign and congressional office for comment about the new ad but did not immediately hear back. 

Ohio is center stage on the presidential ticket this cycle with Sen. JD Vance, R-Ohio, as former President Trump’s vice presidential running mate. Moreno ran against Vance in the 2022 GOP Republican primary for Senate, which Vance won, and has supported the Trump-Vance bid for the White House. 

In August 2023, on the one-year anniversary of President Biden signing his Inflation Reduction Act into law, Brown’s campaign issued a statement championing the legislation as having included “key priorities Brown fought for to save Ohioans money, crack down on Wall Street stock buybacks, and attract investment and good-paying jobs to Ohio.” 

Vance and Moreno at RNC

Sen. JD Vance and his wife Usha Chilukuri Vance celebrate as he is nominated for vice president alongside Ohio delegate Bernie Moreno at the Republican National Convention on July 15, 2024. (Anna Moneymaker/Getty Images)

“The Inflation Reduction Act is already saving Ohioans money at the pharmacy counter and spurring Ohio to lead the country in manufacturing the technology of the future – and those cost savings and Ohio jobs will only grow in the coming years,” Brown said in a statement at the time. 

As of August 2024, the U.S. Bureau of Labor Statistics reported that the Consumer Price Index for All Urban Consumers (CPI-U) in the Midwest – which includes Ohio – rose by 2.6% over the last 12 months. 

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The bureau said the index for all items, less food and energy, advanced 3.2% over the year, while food prices increased 1.8%. Energy prices declined 2.6%, “largely the result of decreasing prices for gasoline,” it added. 



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Trump-backed Hung Cao, Democrat Sen Tim Kaine clash at Virginia debate


U.S. Sen. Tim Kaine of Virginia and Republican challenger Hung Cao clashed on the debate stage Wednesday night on a range of issues including immigration, education and diversity, equity and inclusion (DEI) in the military. 

Kaine, who previously served as governor of Virginia and was Hillary Clinton’s vice presidential running mate in 2016, made his case during the hourlong showdown at Norfolk State University on why he should keep his seat in the upper chamber of Congress. The only debate of the campaign focused on national issues and matters that resonate in Virginia and the coastal city of Norfolk, which is home to the country’s largest Navy base.

Cao, a 25-year Navy veteran endorsed by former President Donald Trump, criticized COVID vaccine mandates for service members and the Biden-Harris administration’s botched Afghanistan withdrawal when asked about the military’s collective failure to recently meet recruiting goals. He also criticized DEI efforts.

“When you’re using a drag queen to recruit for the Navy, that’s not the people we want,” Cao said. “What we need is alpha males and alpha females who are going to rip out their own guts, eat them and ask for seconds. Those are the young men and women that are going to win wars.”

VIRGINIA SCHOOL BOARD TO PAY ‘WRONGFULLY FIRED’ TEACHER WHO REFUSED TO USE STUDENT’S PREFERRED PRONOUNS

Virginia Senate debate Cao and Kaine

U.S. Sen. Tim Kaine of Virginia, left, debates Republican challenger Hung Cao at Norfolk State University in Norfolk, Virginia, on Wednesday Oct. 2, 2024. (Nextstar/WAVY-TV via AP)

Kaine, who is on the Senate Armed Services Committee, responded by saying that railing at DEI “is a red herring” and the real challenge is informing more Americans about the benefits of the military when only about 1% of the population serves in the armed forces. “We need to do a better job of talking about the G.I. Bill and other benefits as well as the tremendous leadership training that you get in the military,” Kaine said.

Cao, meanwhile, brought up the G.I. Bill when challenging Kaine on student loan forgiveness. The incumbent Democrat had praised the Biden administration for having forgiven “the loans of more than a million public servants in thanks for the public service they provide, whether it’s in the military, whether it’s teaching, whether it’s working as a frontline health professional or working for a local or state government.” 

The moderator then posed a question to Cao on how the Republican candidate would ease the burden, noting that the U.S. Department of Education reports more than a million Virginians owe a collective $43 billion in federal student debt as of last October, impacting their ability to contribute to the state’s economy.

“If you’re struggling to pay for your school, then get a G.I. Bill,” Cao said. “That means go out and serve in the military. You’ll get a stipend as well as tuition. We need to fix education, and we need to do it now. But here’s the thing with people like Senator Kaine, you’ve been an officer for 30 years in various offices, in the U.S. Senate for 12. Why have you not fixed it yet?” 

VIRGINIA FAA CONTRACTOR ALLEGEDLY SPIED FOR IRAN, SHARED PRIVATE INFO ON US AIRPORTS, ENERGY INDUSTRY: DOJ

Kaine and Cao split image

Sen. Tim Kaine, D-Va., left, is facing a challenge from Republican Hung Cao. (AP Photo/Susan Walsh | J. Scott Applewhite)

Kaine responded by saying Virginia “was named the best state for a child to be raised in the United States” and “the best managed state and the best state to do business” when he was governor from 2006 to 2010. 

“Oh, again, he says what he’s going to do,” Cao shot back. “Honestly, of the 227 bills that Senator Kaine has proposed, only three of them made it through… That’s a 99% failure rate.” 

“Check the tape on that. That’s completely wrong,” Kaine insisted. 

However, Cao retorted, “There’s two truths in the world, okay? Never walk into a target store wearing a red shirt and never go against an Asian when it comes to math. Trust me.” 

“He’s got a 99% failure rate,” Cao added. “If I just had 99% failure rate, and I defused bombs, I wouldn’t be here right now.” 

Cao speaks at Trump rally

Hung Cao, left, speaks on stage after an invitation from former President Donald Trump during a rally in Chesapeake, Virginia, on June 28, 2024. (Billy Schuerman/The Virginian-Pilot/Tribune News Service)

The moderator also pressed Cao, whose family fled Vietnam during the 1970s, on whether he supports the mass deportation of “all undocumented immigrants.” 

“When Vietnam fell, we had nowhere to go, and America had brought us in and my parents waited in line for seven years. We all did for seven years to get our citizenship. The last thing that my dad had [hung] over his bed when he passed away two years ago was his naturalization certificate. I love this country so much that I wrote a blank check – up to including my life – to defend it for 25 years in Iraq, Afghanistan, Somalia and other parts of the world,” Cao said. “Here’s my thing to anybody who wants to come here, don’t ask for an American dream. If you’re not willing to be American laws and embrace the American culture, because I did.” 

“If you come here illegally, then you need to leave, especially if you’re a violent crime person,” Cao said, citing new Immigration and Customs Enforcement data provided to lawmakers last week. 

“There are 13,000 convicted murderers and 16,000 convicted rapists that came across under their watch. That’s unacceptable. We need to protect Americans every single day,” Cao said. 

“If you came here illegally, you’ve basically screwed up the whole system,” Cao said. “You can’t jump the line – I mean, you go to Costco and jump the line, what do you think is going to happen? You can’t come here and expect the American dream if you’re not willing to obey the American laws and embrace the American culture.”

“Deport anybody that’s committing crimes right now,” he added. “That’s the first thing we need. Secure the border.” 

Kaine said he never supported mass amnesty but believes it would “devastate the economy” to deport the 10 million illegal immigrants who crossed the border during the Biden-Harris administration – a figure the moderator cited and the Democratic candidate echoed. He also slammed former President Donald Trump for asking Republicans to oppose the last congressional border deal. 

“We recently negotiated a very tough border deal that would have put a lot of resources on the border to stop illegal immigration,” Kaine said. “President Trump asked for Republicans to oppose it, even though it was supported by the border control union.”

Trump speaks in Michigan

Former President Donald Trump speaks at a campaign event on Friday, Sept. 27, 2024 in Walker, Michigan. (AP Photo/Carlos Osorio)

Another subject was Trump’s proposal to place more tariffs on imported goods. 

“What we need to do is not tax our industry here,” Cao said. “What we need to do is tax other countries bringing in goods.”

Kaine criticized Trump’s proposal. “The Trump tariffs would be a massive tax that would cause prices on all of these items that are imported to go up,” Kaine said. “On that, I differ strongly from my opponent.”

With Kaine’s seat considered solidly Democratic, the race has not seen the kind of dead-heat polling as the national presidential contest or the high-stakes drama of other Senate races such as those in Montana and Ohio, where Democratic incumbents face tough re-election bids, according to The Associated Press. 

Trump has endorsed Cao, and political scientists say his path to victory is narrow given Virginia’s moderate electorate, aversion to Trump in 2020 and Kaine’s salience with voters, according to the AP. 

Kaine won his last race in 2018 by 16 percentage points, although he said he was preparing for a tough race this year. The most recent Republican from Virginia to hold a U.S. Senate seat was the late John Warner, a centrist with an independent streak who last won in 2002.

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Republicans have won statewide offices in Virginia. Glenn Youngkin was elected governor by two points in 2021, along with a Republican lieutenant governor and attorney general.

The Associated Press contributed to this report. 



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5 key details in special counsel Jack Smith’s Trump election case filing


A federal judge on Wednesday unsealed a key filing from special counsel Jack Smith’s updated election interference case against former President Donald Trump.

U.S. District Judge for the District of Columbia Tanya Chutkan unsealed Smith’s 165-page filing, in which Smith argues that Trump is not immune from prosecution for his alleged criminal scheme to overturn the 2020 election results. Smith submitted the document after the U.S. Supreme Court earlier this year ruled that a president is immune from prosecution for official acts. 

“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” Smith wrote. “Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted — a function in which the defendant, as President, had no official role.” 

The Supreme Court’s decision in Trump v. United States held that Smith could not prosecute Trump for the president’s alleged use of the Justice Department to look into unproven claims of widespread voter fraud in the 2020 election. In response, Smith filed an updated indictment that revised the allegations against Trump to fit within the scope of the Supreme Court’s decision. 

JUDGE UNSEALS KEY FILING IN SPECIAL COUNSEL’S ELECTION CASE AGAINST TRUMP

Jack smith

Special counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former President Donald Trump at the Justice Department on Aug. 1, 2023, in Washington, D.C. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election. (Alex Wong/Getty Images)

In the unsealed filing, Smith told the court that Trump is not immune from the remaining allegations against him and laid out his case for why Trump “must stand trial for his private crimes.” 

Trump has pleaded not guilty to all charges brought against him by Smith.

Here are five key details from the special counsel’s new filing, which is partially redacted: 

1. Smith’s ‘factual proffer’ 

In the filing unsealed Wednesday, Smith outlined a “factual proffer,” alleging Trump “resorted to crimes to try to stay in office” after losing the 2020 presidential election.

“With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin,” Smith wrote. 

“His efforts included lying to state officials in order to induce them to ignore true vote counts; manufacturing fraudulent electoral votes in the targeted states; attempting to enlist Vice President Michael R. Pence, in his role as President of the Senate, to obstruct Congress’s certification of the election by using the defendant’s fraudulent electoral votes; and when all else had failed, on January 6, 2021, directing an angry crowd of supporters to the United States Capitol to obstruct the congressional certification.” 

PROSECUTORS REQUEST INDEFINITE DELAY IN TRIAL FOR TRUMP ASSASSINATION ATTEMPT SUSPECT RYAN ROUTH

Smith claims that the “throughline of these efforts was deceit,” alleging Trump and co-conspirators engaged in a conspiracy to interfere with the federal government function by which the nation collects and counts election results, which is set forth in the Constitution and the Electoral Count Act (ECA); a conspiracy to obstruct the official proceeding in which Congress certifies the legitimate results of the presidential election; and a conspiracy against the rights of millions of Americans to vote and have their votes counted.” 

Trump in Wisconsin

Republican presidential nominee, former President Donald Trump speaks to attendees during a campaign rally at the Prairie Du Chien Area Arts Center on Sept. 28, 2024 in Prairie du Chien, Wisconsin. (Brandon Bell/Getty Images)

2. Smith claims Trump’s personal attorney told POTUS election fraud claims were ‘bulls—’ 

Smith claims that several people close to Trump had told the former president his claims of election fraud were “bulls—.” 

According to Smith, in one conversation, an unnamed Trump attorney had told Trump that the campaign was “looking into his fraud claims and had even hired external experts to do so, but could find no support for them.” 

“He told the defendant that if the Campaign took these claims to court, they would get slaughtered because the claims are all ‘bulls—,’” the filing states, with Smith claiming that a lawyer discussed with Trump the investigations and “debunkings on all major claims.” 

For example, the attorney allegedly told Trump that Georgia’s audit disproved claims that votes had been altered. 

TRUMP BLASTS DOJ FOR ‘ELECTION INTERFERENCE,’ CALLS JACK SMITH CASE A ‘SCAM’ AFTER JUDGE UNSEALS KEY FILING

Jan 6 protests

This photo from Jan. 6, 2021 shows President Donald Trump supporters swarming the Capitol, as Congress prepares to affirm President-elect Joe Biden’s victory. (AP Photo/John Minchillo)

Smith also claims a senior campaign adviser who spoke with Trump on a “daily basis” and had “informed him on multiple occasions that various fraud claims were false” had complained that Trump was losing his election lawsuits because his lawyers could not back up false claims about the election.

“When our research and campaign legal team can’t back up any of the claims made by our Elite Strike Force Legal Team, you can see why we’re 0-32 on our cases,” the campaign adviser allegedly wrote.

“I’ll obviously hustle to help on all fronts, but it’s tough to own any of this when it’s all just conspiracy s— beamed down from the mothership.”  

3. New details on Trump’s interactions with Vice President Mike Pence

The filing details several alleged interactions between Trump and former Vice President Mike Pence in the days following the election.

Smith details a Nov. 7, 2020, call between Pence and Trump in which Pence allegedly “tried to encourage” Trump “as a friend” by reminding him that he “took a dying political party and gave it a new lease on life.” 

Smith also details a private lunch between Trump and Pence on Nov. 12, 2020, when Pence allegedly gave Trump a “face-saving option.” That option, according to the filing, was “don’t concede but recognize the process is over.” 

In another private lunch between Trump and Pence on Nov. 16, 2020, Pence allegedly tried to encourage Trump to accept the results of the election and run again in 2024. Trump is alleged to have responded, “I don’t know, 2024 is so far off.” 

TRUMP TRIAL STEMMING FROM JACK SMITH’S PROBE DELAYED PAST ELECTION DAY

Trump, Pence

Then-President Trump, left, looks on after a news conference with then-Vice President Mike Pence in the Brady Press Briefing Room at the White House on Feb. 26, 2020 in Washington, D.C. (Tasos Katopodis/Getty Images)

In yet another private lunch on Dec. 21, Pence allegedly “encouraged” Trump “not to look at the election ‘as a loss – just an intermission.'” Later that day in the Oval Office, Trump allegedly asked Pence for advice on what he should do. According to Smith, Pence said, “after we have exhausted every legal process in the courts and Congress, if we still came up short, Trump should ‘take a bow.’” 

Additionally, Smith reveals that Trump allegedly showed little regard for Pence’s safety during the Jan. 6, 2023 riot at the U.S. Capitol after it became clear that Pence would not support his attempt to stop the certification of the election. 

Smith alleges that an unnamed Trump aide, “upon receiving a phone call alerting him that Pence had been taken to a secure location… rushed to the dining room to inform the defendant [Trump] in hopes that the defendant would take action to ensure Pence’s safety.” 

Smith writes that instead, after the aide delivered the news, Trump “looked at him and said only, ‘So what?'” 

4. White House staffer allegedly overhears Trump say, ‘It doesn’t matter if you won or lost’ 

Smith alleges that Trump at multiple times showed complete disregard for those who informed him his claims of voter fraud were false, including Republican elections officials in states where Trump had claimed the election was stolen. 

“Election officials, for instance, issued press releases and other public statements to combat the disinformation that the defendant and his allies were spreading,” Smith wrote. “At one point long after the defendant had begun spreading false fraud claims, [REDACTED], a White House staffer traveling with the defendant, overheard him tell family members that ‘it doesn’t matter if you won or lost the election. You still have to fight like hell.” 

Smith goes on to assert that Trump and his legal team “repeatedly changed the numbers in their baseless fraud allegations from day to day,” and even “made up figures from whole cloth.” 

TRUMP INDICTED A SECOND TIME IN ELECTION SUBVERSION CASE BROUGHT BY SPECIAL COUNSEL JACK SMITH

Jan 6 riots

In this Jan. 6, 2021 photo, protesters loyal to then-President Trump storm the Capitol in Washington, D.C. (AP Photo/John Minchillo)

The special counsel claimed Trump “was on notice that there was no evidence of widespread election fraud in Arizona within a week of the election” and claimed Trump also “had early notice that his claims of election fraud in Georgia were false.” 

By the time Trump spoke at his rally on Jan. 6, after Pence had refused to stop the certification of the election, Smith said the former president knew his “last hope” to overturn the results was “the large and angry crowd standing in front of him.” 

“So for more than an hour, the defendant delivered a speech designed to inflame his supports and motivate them to march to the Capitol. The defendant told the crowd many of the same lies he had been telling for months—privately and publicly, including to the officials in the targeted states—and that he knew were not true.”

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5. Smith presents case against presidential immunity

Smith argues that based on a “factbound analysis” of Trump’s conduct, the court should determine that the former president was not acting in his official capacity when he challenged the election results and is therefore not immune from prosecution. 

“None of the allegations or evidence is protected by presidential immunity,” Smith wrote, asserting Trump’s “scheme was a private one.” 

“He extensively used private actors and his campaign infrastructure to attempt to overturn the election results and operated in a private capacity as a candidate for office,” Smith claimed. “To the limited extent that the superseding indictment and proffered evidence reflect official conduct, however, the Government can rebut the presumption of immunity because relying on that conduct in this prosecution will not pose a danger of intrusion on the authority or functions of the Executive Branch.” 

Fox News Digital’s Brooke Singman and Fox News’ Jake Gibson contributed to this report.



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Wisconsin poll shows Harris leading Trump by 4, former president ahead on key issues


Vice President Kamala Harris is maintaining her lead over former President Trump in Wisconsin despite Trump leading on the key issues, according to a Wednesday poll.

The new poll from Marquette Law School finds Harris leading Trump in a 52%-48% match-up. The poll also found that voters are deeply invested in the election, with 46% of respondents saying they have stopped talking to someone about politics due to the presidential race.

Marquette conducted the survey from Sept. 18-26, polling 882 Wisconsin registered voters and 798 likely voters. The poll advertises a margin of error of 4.4%.

Despite trailing in the polls, Trump leads Harris in the top issues in the race, including border security, the economy, and handling the Israel-Hamas war.

YOUNG SWING STATE VOTERS DELIVER ADVICE FOR KAMALA HARRIS

Trump Harris split photo

Former President Donald Trump trails in the polls against Vice President Kamala Harris in Wisconsin by 4 points, a new poll finds. (Reuters)

Trump enjoys a sizable 49-37% lead over Harris on immigration. Meanwhile, 50% of Wisconsinites say he will handle the economy better than Harris, with the vice president getting just 42% support. Trump also enjoys a 45%-33% lead when it comes to Israel’s conflict in the Middle East. He also has a narrow lead over Harris when it comes to foreign relations more generally.

FOX NEWS POLL: HARRIS, TRUMP LOCKED IN TIGHT RACE IN BATTLEGROUND PENNSYLVANIA

Harris does have a lead over Trump in a number of other issues, however, namely abortion and election concerns. Roughly 53% of respondents said they trusted Harris to handle the former, compared to 36% for Trump. Another 49% said Harris would be better for ensuring a fair and accurate election, compared to Trump’s 39%.

Hurricane Helene is in the eye of the political storm

Trump continues to campaign across the country as he and Harris remain neck-and-neck in national polls. (AP Photo/Evan Vucci)

Wisconsin is among a handful of swing states that are likely to determine the outcome of the 2024 presidential election. Other states like Ohio and Pennsylvania are also critical to either a Trump or Harris victory.

Pennsylvania in particular is one of the tightest contests in the nation, where Harris leads Trump in a razor-thin 49%-47% match-up, according to new data from AARP. 

Harris in Michigan

Harris holds slight leads over Trump in several key battleground states. (SAUL LOEB/AFP via Getty Images)

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The AARP survey spoke with 1,398 likely voters in Pennsylvania and has an overall margin of error of four percentage points. 



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Gaetz to introduce bill cutting off federal aid to groups helping illegal immigrants enter US


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FIRST ON FOX: Nonprofit groups that assist illegal immigrants would be cut off from federal grant money under the terms of a bill introduced Thursday by Rep. Matt Gaetz, R-Fla.

“NGOs and non-profits serve as the foot soldiers for the Biden-Harris administration’s mass-migration policies by helping illegal aliens cross the border and stay here for years after illegally,” Gaetz said in a statement previewed exclusively by Fox News Digital. “My legislation, the BARRIER Act, will strip these organizations of their federal funding, which can be used to assist those who break federal law.”

FEAR GRIPS IDYLLIC NANTUCKET AMID MIGRANT CRIME SPIKE: ‘A LOT OF BAD PEOPLE’

Republican Florida Rep. Matt Gaetz closeup shot in middle of press gaggle

Rep. Matt Gaetz, R-Fla. (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)

The bill, Blocking Assistance and Resources to Restrict Illegal Entry and Residency (BARRIER) Act, which Gaetz is expected to introduce Thursday, is co-sponsored by Reps. Lauren Boebert, R-Colo., Mary Miller, R-Ill., Eric Burlison, R-Mo., Randy Weber, R-Texas, Troy Nehls, R-Texas, Andy Ogles, R-Tenn., and Andy Biggs, R-Ariz.

The Florida Republican said his BARRIER Act would also penalize organizations helping immigrants who are already living in the U.S. unlawfully.

“The federal government should not be financing the destruction of its own country,” said Gaetz, who is running for re-election to a fifth term in Congress.

NANTUCKET PARENTS FEAR FOR CHILDREN AMID SPIKE IN MIGRANT CRIME: ‘AS A FATHER IT TRULY SCARES ME’

migrants massed at Eagle Pass border crossing seen from above

Texas National Guard troops watch over more than 1,000 immigrants who crossed the Rio Grande from Mexico on Dec. 18, 2023, in Eagle Pass. (John Moore/Getty Images)

If enacted, immigration groups like the National Immigration Law Center, American Immigration Council and CASA would likely lose their federal grants.

Illegal immigration and the crisis at the southern border are among the top issues for voters this election cycle. Tens of thousands of illegal immigrants with sex offenses and homicide convictions could be loose on the streets, according to Immigration and Customs Enforcement data provided to lawmakers last week.

AURORA POLICE DENY TREN DE ARAGUA GANG HAS ‘TAKEN OVER’ THE CITY IN PRESSER: ‘NOT AN IMMIGRATION ISSUE’

Border Patrol agents with migrants

A Border Patrol agent guides migrants to a van to be taken to a processing center on Feb. 4, 2024, in Eagle Pass, Texas. (Michael Gonzalez/Getty Images)

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The Biden administration came under fire for releasing many migrants who came to the U.S. border into the interior, which coincided with a sharp drop in deportations as it focused on prioritizing public safety and national security threats. There were 142,580 removals in fiscal 2023, up considerably from 72,177 in fiscal 2022 and 59,011 in fiscal 2021, but still down from the highs of 267,258 under the Trump administration in fiscal 2019.

The number of illegal immigrants on the nondetained docket, meanwhile, has soared from 3.7 million in fiscal 2021 to nearly 4.8 million in fiscal 2022 to more than 7 million in fiscal 2023.

Fox News Digital’s Adam Shaw contributed to this report.



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Kamala Harris, Liz Cheney to stump at birthplace of Republican Party


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In an effort to win the vote of disgruntled Republicans as she battles former President Trump in the race for the White House, Vice President Kamala Harris is heading to the town that claims to be the birthplace of the GOP.

A senior Harris campaign official says that the vice president on Thursday will team up in battleground Wisconsin with former Republican Rep. Liz Cheney, a one-time rising conservative star in the GOP who became her party’s most visible anti-Trump leader.

The campaign event will take place in Ripon, Wisconsin, where a one-room schoolhouse was designated a national historic landmark due to its role in holding a series of meetings in 1854 that led to the formation of the Republican Party.

According to her campaign, Harris plans to spotlight the significance of that moment and that place – as she makes another direct appeal to Republican voters frustrated that Trump is their party’s presidential nominee – and as she reiterates her pledge to be a president for all Americans.

LIZ CHENEY WEIGHS IN ON WHOM SHE’LL BACK IN THE 2024 ELECTION

Kamala Harris

Democratic presidential nominee Vice President Kamala Harris speaks at a rally on Sunday, Sept. 29, 2024, in Las Vegas. (AP Photo/Carolyn Kaster) (AP Photo/Carolyn Kaster)

Harris is also expected to praise Cheney for her courage and patriotism in putting country over party.

Cheney, at a speaking event in early September at Duke University in swing state North Carolina, announced that she would be voting for Harris in the presidential election.

TRUMP UPS HIS ANTE IN THE 2024 FUNDRAISING FIGHT WITH HARRIS

“As a conservative, as someone who believes in and cares about the Constitution, I have thought deeply about this, and because of the danger that Donald Trump poses, not only am I not voting for Donald Trump, but I will be voting for Kamala Harris.”

Cheney’s father, former Vice President Dick Cheney, also endorsed Harris. 

The younger Cheney was once rising in the ranks of House Republican leadership 

Liz Cheney

Liz Cheney attends Liz Cheney in Conversation with David Rubenstein at The 92nd Street Y, New York on June 26, 2023 in New York City. (Photo by Gary Gershoff/Getty Images) (Gary Gershoff/Getty Images)

But she was the most high-profile of the 10 House Republicans who voted to impeach then-president Trump in early 2021 on a charge of inciting the deadly Jan. 6th attack on the Capitol, which was waged by right-wing extremists and other Trump supporters who aimed to disrupt congressional certification of President Biden’s Electoral College victory in the 2020 election.

The conservative lawmaker and defense hawk immediately came under verbal attack from Trump and his allies, and was eventually ousted from her number-three House GOP leadership position.

WHITE HOUSE LAWYERS WHO ADVISED REAGAN AND BUSH BACK HARRIS OVER TRUMP

Cheney, who has been vocal in emphasizing the importance of defending the nation’s democratic process and of putting country before party, was one of only two Republicans who served on a special select committee organized by House Democrats that investigated the riot at the Capitol.

In 2022, she was ousted in the GOP congressional primary in Wyoming to a candidate that was backed by Trump.

Liz Cheney after her primary election loss

U.S. Rep. Liz Cheney of Wyoming departs after speaking to supporters during a primary night event on August 16, 2022 in Jackson, Wyoming. Rep. Cheney was defeated in her primary race by Wyoming Republican congressional candidate Harriet Hageman.  (Alex Wong/Getty Images)

Cheney — who has argued that the former president is a “liar,” a “con man” and a potential “tyrant” who, if elected again, would “torch the Constitution” — vowed after leaving Congress that “I will do everything I can to make sure [Trump] is never anywhere near the Oval Office again.”

The Harris campaign says that the vice president, at her event with Cheney, plans to note that while Republicans may not agree with her on every issue, she promises to uphold the Constitution, America’s fundamental principles, and the rule of law.

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The Cheneys are part of a growing list of prominent Republicans who are supporting Harris.

Two other high-profile anti-Trump Republicans — former Rep. Adam Kinzinger of Illinois and former Georgia Lt. Gov. Geoff Duncan – had speaking roles at the Democratic National Convention, which was held six weeks ago in Chicago.

The Harris campaign makes a pitch to attract Republican voters who don't support Trump

Former Republican Rep. Adam Kinzinger of Illinois speaks at the Democratic National Convention, on Aug. 22, 2024 in Chicago, Illinois  (Paul Steinhauser – Fox News )

And Harris is backed by more than 200 alumni who served in both Bush administrations or worked for the late Sen. John McCain and Sen. Mitt Romney, the 2008 and 2012 GOP presidential nominee. She’s also supported by more than 100 Republican former national security officials and other prominent Republicans.

Ripon is not the only town that claims to be the birthplace of the GOP. Exeter, New Hampshire also has some bragging rites, as it was the site of meetings in 1853 – a year ahead of the Ripon gatherings – by disenchanted political leaders who discussed the formation of a new party of Republicans.

But officials in Ripon said the group in Exeter never actually formed a political organization, or chose officials, as they did in Wisconsin.

Wisconsin is one of seven crucial battleground states with razor-thin margins that decided Biden’s 2020 White House victory and are likely to determine if Harris or Trump wins the 2024 presidential election.

With less than five weeks until Election Day in November, Harris and Trump are locked in a margin-of-error race in the key swing states.

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



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Thousands of noncitizens removed from voter rolls, dozens of lawmakers want answers from Garland


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FIRST ON FOX: Dozens of lawmakers in the House and Senate are calling for more information from the Justice Department about efforts to stop noncitizen voting in federal elections, which they call a “serious threat” to election integrity, citing officials in multiple states who have identified noncitizens on their voter rolls.

A letter from 73 lawmakers, led by Sen. Bill Hagerty, R-Tenn., and Rep. Andy Biggs, R-Ariz., sent to Attorney General Merrick Garland said they were “deeply concerned” by reports of noncitizens registering to vote and voting in federal elections and had not received a response from an inquiry in July on the matter.

“As of today, there has been no response from you or your Department regarding the inquiry on July 12, 2024, seeking information on efforts undertaken by your Department to enforce laws prohibiting non-citizen voting. Given that the 2024 Presidential Election is in less than 34 days, your Department’s inaction and refusal to provide any information regarding its efforts to promote public trust and confidence in our elections is especially alarming,” they wrote.

Specifically, they asked how many aliens have been prosecuted under laws related to noncitizen voting, how the DOJ handles allegations of noncitizen voting or registration and the steps it takes to prevent such practices.

Noncitizens are not allowed to vote, and top Republicans, including former President Trump, have repeatedly expressed concern that noncitizens may attempt to vote in federal elections, particularly given the influx of immigrants across the southern border in recent years.

DOJ: ILLEGAL IMMIGRANT STOLE US CITIZEN’S IDENTITY TO VOTE IN MULTIPLE ELECTIONS, OBTAIN AMERICAN PASSPORT

Merrick Garland speaking

Attorney General Merrick Garland (Tom Williams/CQ-Roll Call via Getty Images)

In August, Republican lawmakers pushed for the SAVE Act, which aimed to require states to obtain proof of citizenship in person when registering an individual to vote and require states to remove noncitizens from voter rolls, to be attached to a spending bill extension to avoid a government shutdown at the end of the fiscal year.

The lawmakers in the letter cited an announcement by the Virginia attorney general that it had identified 6,303 noncitizens on its voter rolls in 2022 and 2023, while Texas had removed 6,500 noncitizens from its voter rolls. Of those, 1,930 had a history of voting.

The DOJ itself announced last month that it had charged an illegal immigrant with stealing a U.S. citizen’s identity to vote in multiple elections and fraudulently obtain a U.S. passport. 

“Clearly, there is a non-negligible amount of voter participation by non-citizens in federal elections, which is not only a serious threat to the integrity of our elections and the democratic process they represent, but also has the potential to reduce Americans’ trust and confidence in election results,” they wrote.

ALABAMA ELECTION OFFICIAL SAYS BIDEN EXECUTIVE ORDER GIVES ILLEGAL IMMIGRANTS ‘MECHANISM’ TO REGISTER TO VOTE 

Lawmakers quizzed the DOJ on information related to the issue in a July 12 request but had not received a response.

It also asks what steps the department is taking to prosecute noncitizens registered to vote in the 2024 election. Fox News Digital reached out to the DOJ for comment.

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This week, the DOJ sued Alabama, alleging the state removed voters who had been issued noncitizen identification numbers from its election rolls too close to Election Day. The agency argued that officials violated the National Voter Registration Act of 1993, which requires states to complete any changes to the voter registration lists no later than 90 days before federal elections.

Fox News’ Danielle Wallace and Sarah Rumpf-Whitten contributed to this report.



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Why Vance easily beat Walz in debate, softening his image in the process


It was civil. It was cordial. It was substantive.

And there’s no question that JD Vance easily won the vice presidential debate. Tim Walz did better than anticipated – perhaps those expectations were deliberately set low – but despite some strong counterpunching, he frequently stumbled.

Each man had a mission: to defend his running mate and rough up the opposing presidential candidate.

But Vance had a second goal beyond talking up Donald Trump, and that was softening his own image. He made a concerted effort to project empathy, to appear reasonable, to be open to opposing viewpoints.

VOTERS REACT TO GOV TIM WALZ DODGING TIANANMEN SQUARE QUESTION: ‘I’M A KNUCKLEHEAD AT TIMES’

There is a caricature of the Ohio senator as a hard-right ideologue with little sympathy for women, as reflected by the famous childless cat ladies comment. But when the subject of abortion came up, he went out of his way to sound sympathetic to the pro-choice side:

“I know a lot of Americans don’t agree with everything that I’ve ever said on this topic. And, you know, I grew up in a working-class family in a neighborhood where I knew a lot of young women who had unplanned pregnancies and decided to terminate those pregnancies because they feel like they didn’t have any other options. And, you know, one of them is actually very dear to me. And I know she’s watching tonight and I love you. 

Tim Walz

Minnesota Gov. Tim Walz speaks during the debate at the CBS Broadcast Center on Oct. 1, 2024, in New York City. (Chip Somodevilla/Getty Images)

“And she told me something a couple of years ago that she felt like if she hadn’t had that abortion, that it would have destroyed her life because she was in an abusive relationship. And I think that what I take from that as a Republican who proudly wants to protect innocent life in this country, who proudly wants to protect the vulnerable, is that my party? We’ve got to do so much better of a job at earning the American people’s trust back on this issue, where they frankly just don’t trust us.”

(Vance’s website describes him as “100 percent pro-life.”)

Walz countered with specific stories of women who died or whose health was damaged because they lived in states that tightly restrict abortion.

The Minnesota governor hit his talking points, but regularly took a long time to get to his main argument. A question about Kamala Harris’ plan to build 3 million housing units produced a detour about how Walz has only bought one home. 

WATCH: VOTERS REACT IN REAL TIME TO KEY VANCE-WALZ DEBATE MOMENTS ON IMMIGRATION, DEMOCRACY, ABORTION

Walz often spoke in a clipped shorthand – the ACA, Springfield, Vance creating stories – without explaining, for instance, that he meant the false tale of Haitian migrants eating pets.

The CBS moderators, Norah O’Donnell and Margaret Brennan, edged into ABC territory by fact-checking only Vance, despite saying they would try to avoid that. After the senator referred to illegal immigrants in the Ohio town, Brennan said Springfield “does have a large number of Haitian migrants who have legal status, temporary protected.” That’s a point Walz should have made, but didn’t.

Many questions were framed from the left. “Senator Vance,” said Brennan, “you oppose most gun legislation that Democrats claim would curb gun violence. You oppose red flag gun laws and legislation to ban certain semi-automatic rifles, including AR-15s.”

JD Vance and Tim Walz debate

JD Vance and Tim Walz gave differing views on how to tackle gun violence during Tuesday’s vice presidential debate. (AP/Matt Rourke)

Walz’s worst moment was one he should have anticipated, a story in the New York Times and elsewhere saying he was not in China for the 1989 Tiananmen Square protests as he had claimed, but got to Hong Kong months later. The governor began with a word-salad answer about growing up in Nebraska before retreating to “I’ve not been perfect. And I’m a knucklehead at times.”

Pressed again, he said he had misspoken.

Vance’s worst moment was about Jan. 6. O’Donnell began, “You have said you would not have certified the last presidential election and would have asked the states to submit alternative electors that has been called unconstitutional and illegal.”

POLITICS HIJACKS HURRICANE DEVASTATION IN THE SOUTH, BIDEN CALLS TRUMP A LIAR

The senator countered that Trump “said that on January the 6th, the protesters ought to protest peacefully. And on January the 20th, what happened? Joe Biden became the president. Donald Trump left the White House.”

This time Walz was ready. Trump “lost this election and he said he did. 140 police officers were beaten at the Capitol that day, some with the American flag. Several later died.”

He turned to Vance and said: “Did he lose the 2020 election?”

Vice presidential debate

Sen. JD Vance speaks during the vice presidential debate with Minnesota Gov. Tim Walz on Tuesday, Oct. 1, in New York. (AP/Matt Rourke)

When Vance tried the “focused on the future” line again, Walz called that “a damning non-answer.”

But Vance largely came off as a Bush-style compassionate conservative. He must figure that win or lose, he’ll be running for president in 2028 and needed to combat all the negative coverage.

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Walz looked like a man who was happy to survive his turn on the national stage. The debate would have looked very different if Harris had picked Josh Shapiro, given that she’s tied with Trump in Pennsylvania.

The Harris campaign has bubble-wrapped Tim Walz, not allowing him to do a single solo interview. JD Vance is constantly doing interviews, podcasts and press conferences, the best kind of preparation for a big debate. And that, in the end, may have been the difference.



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