Donald Trump Poll News

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

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

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

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

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

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

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

BIDEN ADMIN AIMS TO PUSH TOWNS, CITIES TO ADOPT GREEN ENERGY BUILDING CODES: ‘VERY SUSPICIOUS’

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

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

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

WHITE HOUSE UNVEILS STRICT HYDROGEN REGULATIONS IN VICTORY FOR ENVIRONMENTALISTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The only safe bet in politics last year was that Donald Trump would lead the Republican presidential primary.

The former president began 2023 with support from 43% of GOP primary voters, and ended it, after multiple well-known and well-funded challengers entered the race, with 69%.

He held on to commanding positions in Iowa (recently 52%, a 34 point lead) and South Carolina (53%, a 31 point lead). His lead in New Hampshire is more questionable, with two polls out this morning showing Trump at 46% with a 19 point lead (Suffolk), and 39% with a 7 point lead (UNH).

Most importantly, Trump’s criminal cases have only strengthened his support.

‘FEAR OF TRUMP’: BREAKING DOWN BIDEN’S CAMPAIGN MESSAGING

If nothing changes between now and March, when voters across the country will award the bulk of delegates who select a GOP presidential nominee, Trump is very likely to secure the nomination.

Three people could potentially stand in the way of that outcome: Nikki Haley, Ron DeSantis, and Trump himself.

To make this race competitive, each of these candidates has to make the kind of news that will get primary voters to look up and rethink their choice.

For Haley and DeSantis, that means delivering a very strong performance in an early state. They switch places in these rankings, but both remain far behind Trump because of the difficulty in pulling that off.

For Trump, it’s the even less likely prospect of offending his supporters or dropping out of the race.

No votes have been cast. Any of these scenarios could still happen. But none of them are even close to a safe bet.

1. Trump: Would have to offend his supporters, lose in ballot battles, or drop out

Trump’s big polling leads only tell half the story.

The former president has a sophisticated turnout operation. In Iowa, that project will be led by 1,800 “caucus captains,” loyal Trump supporters who have each been instructed to recruit 10 first-time caucus-goers to turn out on caucus night. 

He continues to lead the field in small dollar donations, a key indicator of grassroots enthusiasm.

Trump has also been endorsed by over 100 sitting U.S. House members and 19 U.S. Senators, adding up to nearly half of all Republicans in congress.

All of these factors make a Trump nomination the most likely outcome. Trump has been the first place “frontrunner” in the power rankings since they began in August, and he stays there in this edition.

For Trump to lose that status on his own, he would either have to deeply offend his supporters, or drop out of the race.

The 45th president’s base has been standing by him for nine years, so “deeply offend” would have to be something that makes them doubt whether Trump respects them, or involve a personal scandal with smoking gun evidence.

As one voter told a reporter at an Iowa rally last year, “it would have to be a video of Trump punting a baby for him not to be my guy.”

Trump is fighting to stay on the primary and general election ballots in Colorado and Maine, after 14th amendment challenges in those states succeeded at the state level.

Last week, the Supreme Court agreed to take up the case. A loss there, which would make it impossible for Trump to win in 2024, turns this race on its head.

Alternatively, Trump could drop out of the primary. That is least likely of all.

While the former president is in a powerful position, keep in mind the possibility that he will underperform relative to polling. For all the effort that the campaign is putting in to engage his most enthusiastic supporters, his lead is so big that it could depress turnout.

That’s something the former president has acknowledged himself, telling supporters in Iowa last month “Don’t sit home and say, ‘I think we’ll take it easy…’ Crazy things can happen.”

2. Haley: Must win New Hampshire

Haley has made modest polling gains and has deep-pocketed donors in her corner, but she must prove that she is seriously competitive with Trump before Super Tuesday. 

Her only chance to that is with a clear victory in New Hampshire.

We knew going into this race that the Republican Party has three camps:

• The pro-Trump base (37%)
• Persuadable voters, who like Trump, but are open to someone else (37%)
• And non-Trump voters (25%).

Some of the last group never liked Trump or the “MAGA” movement; others may have supported his administration and agreed with some or even most of his policies, but want to move on in 2024.

Haley was already well-positioned to capture these voters because of her longstanding establishment Republican credentials and matching policies.

Her clashes at the debates with Ramaswamy, who exists at the other end of the establishment spectrum, cemented her relationship with this group.

The good news for Haley is that New Hampshire is home to more of these non-Trump voters than the other early states.

34% of GOP voters there said they have an unfavorable view of him in a November survey, and he has a weaker lead here than the other early states.

The Granite State also allows “undeclared” voters to participate in partisan primaries. In fact, they are the state’s largest voting bloc. 

That means at least some Democratic and independent anti-Trump voters will play a role in deciding the GOP winner.

The former governor is already competitive in the state. A recent poll puts her 22 points behind Trump, at 42-20%.

She carries an endorsement from the state’s popular center-right governor, Chris Sununu, who says he wants Haley to win in a “landslide.”

Haley also has big money behind her. Her campaign has spent $26 million on ads in New Hampshire, and she picked up an endorsement from Americans for Prosperity Action, the advocacy group backed by billionaire Charles Koch.

There are still roadblocks: Chris Christie is polling at double digits in the state, likely pulling at least some vote away from Haley. And it’s not yet clear whether her Civil War remarks will hurt her polling.

In any case, a decisive win on election day will be critical. It’s the only result that will get voters in the rest of the country to reconsider her candidacy.

Even then, persuading those voters to leave Trump is a steep mountain to climb.

(Remember, the average primary voter in New Hampshire looks different to voters in other states.)

But since Haley shows promise here, she moves into second place in the rankings.

A second place finish in Iowa would also help the former governor significantly, and may change the shape of the overall race.

3. DeSantis: Must seriously outperform expectations in Iowa

Trump has a dominant lead in Iowa, where voters are more representative of the overall GOP base. If DeSantis can deliver a strong performance against the former president, that will be enough to prove he is a contender.

But since DeSantis has put most of his resources into the state, it’s now do-or-die. If he doesn’t seriously outperform his caucus polling on caucus night, the campaign is over.

DESANTIS DISMISSES RUMORS HE WOULD DROP OUT OF PRESIDENTIAL RACE AFTER CAUCUS: ‘A TOTAL LIE’

DeSantis’ strategy has been to peel away the pro-Trump base and persuadable voters. As his campaign has showed, that is hard to accomplish when the former president is also in the race.

He kicked off his campaign to court the MAGA vote by railing against woke politics, but that strategy fizzled once Trump said he didn’t like that term, or know how to define it.

More recently, he has been running to the right of the former president on social issues, and telling voters that he’s the pragmatic choice.

Running as a more conservative alternative has delivered some wins for DeSantis: he picked up the endorsement of its current Governor Kim Reynolds, who has been a surrogate for him all over the state.

He also won over the evangelical political activist Bob Vander Plaats, one of the powerful forces behind Ted Cruz’s win in Iowa in 2016.

And DeSantis has a powerful ground operation helping him. Never Back Down, the super PAC supporting his campaign, says it’s knocked on more than 878,000 doors in Iowa, more than any other campaign has disclosed.

Still, the Florida governor has stalled in the high teens in Iowa polls. Most recently, he received 18% support in a Fox Business survey, putting him at a distant second behind Trump’s 52%.

That came after DeSantis completed a 99 county tour of the Hawkeye State.

He needs to surprise voters with a vote share on caucus night that is at least in the neighborhood of Trump’s to change the narrative.

Meanwhile, DeSantis is suffering from a decline in his national polling and questions about the long term financial health of his campaign. 

He moves to third place in these rankings.

4. Christie & Ramaswamy: Must widen their lanes

Chris Christie and Vivek Ramaswamy are diametrically opposed candidates with the same electoral strategy: find a niche lane in the primary and own it.

Christie is in the “anti-Trump” lane. Some Republican voters have always opposed Trump and the MAGA movement. Others, including Christie himself, are former supporters who are now outraged at his rhetoric and conduct, particularly leading up to January 6.

VIVEK RAMASWAMY SAYS THERE ARE ONLY TWO ‘AMERICA FIRST’ PRESIDENTIAL CANDIDATES

In New Hampshire, where Christie has spent nearly all his resources, the former governor is in third place with 14%. If that holds, it would be enough to pick up some delegates on January 23.

Ramaswamy occupies the “MAGA+” lane. As the former biotech entrepreneur told Fox’s Sandra Smith last year, Ramaswamy thinks he can “take the America First agenda even further than Donald Trump did.”

Given Trump’s popularity, it is unsurprising that there is room for a candidate who wants to take his ideology further. At the same time, Trump is in this race, so the strategy has a low ceiling.

Ramaswamy has blitzed Iowa in the last few months, and polls at 7% in the latest Fox Business survey.

Both candidates need to widen their lanes to shake up the overall race. Neither has shown yet that they can do so.

For now, since Christie’s polling in New Hampshire is better on average than Ramaswamy’s polling is in Iowa, the two candidates swap places to fourth and fifth in these rankings.

Note on minor candidates

Arkansas’ former governor Asa Hutchinson and businessman Ryan Binkley are still in this race, but they cannot win. 

They may not appear on the ballot in all states, and with polling between 0-1%, they are highly unlikely to reach the threshold to win delegates in many others.

They will no longer appear in these rankings.

Also gone are Tim Scott and Doug Burgum, who dropped out of the race last year.

Counting down to the caucuses

Voters will award the first delegates for the Republican nomination next Monday, when the Iowa caucuses take place.

Special coverage begins on Fox News this Saturday, with Cavuto Live in Iowa. On Sunday, stay tuned for special editions of America’s Newsroom, Fox News Sunday, The Story, Your World, and Special Report from Des Moines.

Election Day kicks off with Fox & Friends, and live coverage from our reporters on the ground throughout the day, before caucuses convene beginning at 8PM ET. 

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Stay tuned throughout the evening for exclusive insights from our Fox News Voter Analysis and the Fox News Decision Desk, which will call the race.

And at 10PM ET, tune in for special coverage with Bret Baier and Martha MacCallum.

Former President Trump on Tuesday is expected to attend an appeals court hearing in Washington, D.C., that will consider the scope of his presidential immunity as the 2024 GOP front-runner seeks to have Special Counsel Jack Smith’s case against him dismissed.

“I will be attending the the Federal Appeals Court Arguments on Presidential Immunity in Washington, D.C., on Tuesday,” Trump posted to his Truth Social account.

“Of course I was entitled, as President of the United States and Commander in Chief, to Immunity,” Trump said. “I wasn’t campaigning, the Election was long over. I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running running our Country.”

Trump added, “If I don’t get Immunity, then Crooked Joe Biden doesn’t get Immunity, and with the Border Invasion and Afghanistan Surrender, alone, not to mention the Millions of dollars that went into his ‘pockets’ with money from foreign countries, Joe would be ripe for Indictment.”

TRUMP FILES ‘POWERHOUSE’ MOTION CALLING FOR SPECIAL COUNSEL JACK SMITH TO BE HELD IN CONTEMPT OF COURT

Trump accused Biden of “weaponizing the DOJ.” 

“By weaponizing the DOJ against his Political Opponent, ME, Joe has opened a giant Pandora’s Box,” Trump said.

JACK SMITH DISPUTES TRUMP’S PRESIDENTIAL IMMUNITY CLAIM IN APPEALS COURT

He also noted that as president, he was “protecting our country, and doing a great job of doing so, just look around at the complete mess that Crooked Joe Biden has caused.”

He added, “The least I am entitled to is Presidential Immunity on Fake Biden Indictments!”

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

In August, Trump pleaded not guilty in federal court to all four federal charges stemming from Smith’s investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021.

SUPREME COURT DECLINES TO ISSUE EXPEDITED RULING ON TRUMP IMMUNITY CASE

Trump is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Smith filed an argument to dispute Trump’s claim of presidential immunity in the U.S. Court of Appeals for the District of Columbia.

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The U.S. Supreme Court recently rejected Smith’s appeal to expedite their assessment of the immunity claim before it went fully through a federal appeals court. Trump’s legal team asked the court to deny Smith’s request.

GOP Congressman Chip Roy, a surrogate for Florida Gov. Ron DeSantis on the 2024 presidential campaign trail, spoke to Fox News Digital about a week out from the Iowa caucus and said DeSantis is surging at the right time and is on track to outperform expectations next week. 

“There’s a massive surge going on for governor DeSantis,” Roy explained. “It really is interesting and people are engaging in and focusing, not just listening to the noise and not just listening to the polls.”

Former President Trump holds a roughly 30-point lead on DeSantis in Iowa, according to the Real Clear Politics average of polls, but Roy told Fox News Digital the enthusiasm he has seen on the ground suggests the caucus will be closer than people think and that polls aren’t the same thing as showing up next Monday to actually caucus.

“The governor was at a massive church service in Des Moines that had like 2000 people… He’s been doing event after event after event. Thomas Massie and I have been with him standing room only in a lot of places, people packed in, packed house,” Roy said. 

“They a make a lot out of this, ‘Oh he’s at an event that only has 200 or 300,’ and President Trump was in one that has a thousand or something. First off, I’m not sure I trust the numbers. I’ve seen some pretty empty spaces in some Trump places, but this is how it works in Iowa. You’re going town to town. He’s been to 99 counties, 200 events. And you go to these places, you go to these restaurants, and you talk to the elders and you talk to the people.”

DESANTIS DISMISSES RUMORS HE WOULD DROP OF PRESIDENTIAL RACE AFTER CAUCUS: ‘A TOTAL LIE’

“Casey and I met yesterday with 25 people. That’s how you do it, right? We sat down, and we converted a number of folks who were on the fence, there were a number of folks in there who are already in the governor’s camp. Lots of energy, lots of enthusiasm. Trajectory is strongly upward, and I think the trajectory of both Trump and Haley is going down, and the governor is looking good a week out.”

Roy told Fox News Digital that Iowa voters he has spoken to “did not like getting dismissed by Nikki Haley when she said New Hampshire would have to correct them” and he believes her stock is “plummeting.” Additionally, Roy said the message that DeSantis can accomplish the promises Trump made but didn’t see through is gaining traction.

STATE OF THE RACE: ARE IOWA EXPECTATIONS TOO HIGH FOR TRUMP AND DESANTIS?

“Governor DeSantis isn’t a Never Trumper,” Roy said. “He believes that we need to actually finish the things that the former president started. That’s the actual truth. And that message is resonating. The former president said he would build a wall that Mexico paid for. That didn’t happen.”

“He said he would deal with birthright citizenship. He didn’t sign the executive order. He said he’d get Obamacare repealed. Didn’t happen. Then he saddles us with Anthony Fauci, and I’m shutting down our economy and mandating vaccines and masks, $8 trillion in debt. Gov. DeSantis fought all that. Fought Disney. Delivered. And then won by a million and a half votes, that stuff is resonating. I’m serious.”

RAMASWAMAY TARGETS HALEY AFTER SNOWSTORM DERAILS HER CAMPAIGN STOP IN IOWA

Roy said that the top issues voters in Iowa are saying matter to them are immigration and the economy, two issues that Roy believes DeSantis has shown leadership when he flew illegal immigrants to Martha’s vineyard “sparking” that conversation or the way he handled Florida’s economy.

Roy also explained that Trump’s legal issues, while unfair, are still a factor with voters who are wary of risking losing the presidential election if the race becomes a referendum on Trump.

“You can’t afford to risk losing this election,” Roy said. “Freedom hangs in the balance and everyone in Iowa knows it. We can’t afford to do that. So why would we walk away from a proven governor who has knocked it out of the park, delivered on every promise, and, frankly, delivered a lot of things the president didn’t in DC. Why would we walk away from that in favor of someone who’s going to have to deal with legal issues, fair or not?”

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Roy told Fox News Digital that Monday’s caucus will “absolutely” be “closer than people think.”

“I think you should keep a really sharp eye on whether the former president is able to clear a majority of voters in Iowa,” Roy said. “I don’t think he will. I think he’s going to fall short. We’ll see. I think that’s pretty telling, and I think Gov. DeSantis is going to be strongly outperforming what people think, and we’ll see where that lands.”

Today, a DC federal appeals court will hear oral arguments on whether Donald Trump is entitled to dismissal of Special Counsel’s Jack Smith’s 2020 election case against him because of presidential immunity.

TAXPAYERS FOOT BILL FOR $23M IN DOJ INVESTIGATIONS INTO TRUMP, $6.4M BIDEN PROBE

Here’s what you need to know:

The Case: No. 23-3228, United States of America v. Donald J. Trump

Special Counsel Jack Smith has brought the following criminal charges against Mr. Trump: Conspiracy to defraud the United States, conspiracy to obstruct and obstruction of an official proceeding, and conspiracy against the right to vote and to have one’s vote counted. The charges stem from what happened in the weeks that followed the 2020 election through January 6th, 2021, behavior that Smith characterized as discounting legitimate votes and subverting the election results. Notably, Smith did not bring a charge of insurrection against Mr. Trump. Mr. Trump’s defense team moved to have the case dismissed claiming presidential immunity. In December, the DC federal district court judge overseeing the trial denied the dismissal request. Today’s hearing is an appeal of that decision.

The issue: Whether a former president is immune from federal prosecution after leaving office for acts committed while in office. Immunity from civil suits for decisions while serving in an official capacity as President of the United States has long been recognized in American jurisprudence; additionally, it has been the practice of the Department of Justice that a sitting president cannot be criminally charged. Mr. Trump has consistently argued that all of his actions through his last day in office were official acts; Smith has asserted that in the weeks after the election and through January 6th, Mr. Trump was acting as an office “seeker” and not an “office” holder and thus is not afforded the usual protection. Some constitutional scholars have also raised First Amendment alarm bells on the dangers of what they believe appears to be the government attempting to criminalize the speech of the former president. 

DESANTIS FLOATS KEEPING BIDEN OFF FLORIDA BALLOT AS SCOTUS WEIGHS TRUMP CASE: ‘WE’RE GOING TO FIGHT BACK’

What’s at stake: Whether Jack Smith’s election case gets thrown out against Trump because of presidential immunity. We are still in the pre-trial motions stage of this case, meaning the hearing is not on the actual substance of the case – the charges themselves – but whether the case should be heard at all.

How quickly can we expect a decision? While there is no deadline for the three-judge panel to rule, expectations are they will render an opinion quickly, given their decision’s impact on the 2024 election. Smith has continuously argued for a fast-tracking of this case, making it clear he wants the March 4th trial to stand. The Trump team strategy has been to delay since the March 4th trial cannot go forward until the appeals happen and are resolved in one way or another. It is likely that the side that loses will either ask for an en banc review (full DC federal appeals court) or directly appeal to the US Supreme Court. The US Supreme Court has full discretion as to which cases it takes and doesn’t take, accepting less than 1% of the cases submitted to them each year.

BODYCAM FOOTAGE DETAILS ROUGH ENCOUNTER BETWEEN EX-TRUMP CAMPAIGN AIDE, SMITH CASE AGENTS

The attorneys: Dean Sauer will argue for Mr. Trump; DOJ’s James Pearce will appear on behalf of the US government. 

The judges: Arguments will be heard before a three-judge panel: Karen Henderson (Bush 1990 appointee), Michelle Childs (Biden 2022 appointee) and Florence Pan (Biden 2022 appointee).

The court: The US Court of Appeals for the District of Columbia is considered the second most powerful court in the country, following the US Supreme Court. John Roberts, Clarence Thomas, Brett Kavanaugh, Merrick Garland, Ken Starr, Ruth Bader Ginsburg, and Antonin Scalia are some notable DC Circuit judge alums. 

In attendance: Mr. Trump is expected to attend; DOJ’s Michael Dreeben may also be sitting at the government’s counsel table. Dreeben was a member of Special Counsel Bob Mueller’s team, an investigation against then-President Trump regarding a false Trump-Russia election collaboration that resulted in no charges against the former President.

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Cost to taxpayers: In his latest expenditure report, Jack Smith revealed his election investigation into the former president has cost taxpayers over 12 million dollars thus far; Smith was appointed special counsel in November 2022 – his latest report accounts for expenses through September 2023.

Nuts & bolts: Arguments begin at 9:30 am and oral arguments will be live-streamed at this link. Each side will be given 20 minutes to present their arguments, but the hearing is expected to last longer than that.

FIRST ON FOX: The political arm of a veterans’ advocacy group is throwing its support behind GOP presidential primary contender Nikki Haley.

Concerned Veterans of America Action (CVA Action) endorsed Haley for the Oval Office on Tuesday, Fox News Digital has learned.

Haley, the former governor of South Carolina and United Nations ambassador under former President Trump, is the wife of a military man.

NIKKI HALEY TO PARTICIPATE IN FOX NEWS TOWN HALL AMID POLLING SURGE WITH 1 WEEK UNTIL IOWA CAUCUSES

“Nikki Haley has distinguished herself as a strong and principled leader dedicated to securing the freedom and liberty our nation’s veterans have fought and sacrificed to defend,” CVA Action senior adviser Russ Duerstine said in a press release exclusively obtained by Fox News Digital.

“She has proven herself a lawmaker, governor, and ambassador to do the right thing for South Carolina and the United States,” he said.

Duerstine said that as “the spouse of a service member, Haley understands the struggles our nation’s heroes face when they come home after serving their country” and that is “why she has always stood for military families and veterans, working to honor our nation’s promise to those who served by removing red tape and empowering veterans to choose when and where they receive their health care.”

“A President Haley will also prioritize essential steps that improve America’s ability to sustainably fund a strong national defense, including revitalizing our economy by controlling spending, attacking our mounting debt, driving growth, and unleashing American energy abundance.”

“Americans need a leader like Nikki Haley to be their steady voice in a turbulent Washington, someone who brings Americans together instead of pitting them against each other,” Duerstein said. “CVA Action urges voters to vote Haley to represent them as the next president of the United States.”

Haley told Fox News Digital that as “the wife of a combat veteran, helping our service members and veterans is deeply personal” to her.

“It’s an honor to earn the support of Concerned Veterans for America Action,” Haley said. “As president, I’ll work every day to make sure we take care of those who take care of us.”

Haley’s endorsement comes as she is set to battle Florida Gov. Ron DeSantis, who is a veteran himself, on Wednesday’s debate stage as the 2024 GOP race goes into full swing.

In addition to DeSantis, Haley also faces the front-runner, former President Trump, for the GOP presidential nomination.

The veteran vote may prove to be a serious factor in the GOP primary election as well as 2024 amid a change in the military’s culture as well as the botched Afghanistan withdrawal.

Trump remains the front-runner in the race, having a sizable lead over both Haley and DeSantis for the right to take on President Biden in November.

But Haley has surged in the polls as the race has narrowed and heads toward the Iowa caucus.

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Haley also participated in a Fox News town hall discussion on Monday ahead of the Iowa caucus.

“Momentum is surging, Nikki’s message is resonating, and Americans are rallying behind our movement in droves,” the GOP White House candidate’s campaign wrote in an email to supporters on Monday ahead of the town hall.

Fox News Digital’s Paul Steinhauser contributed reporting.

DES MOINES, IA – Florida Gov. Ron DeSantis starts his Tuesday in his home state, performing his gubernatorial duties as he delivers the State of the State address in Tallahassee.

But hours later, the Republican presidential candidate will return to the campaign trail in Iowa, where he’ll take part in a Fox News town hall.

DeSantis will take questions from “Special Report” chief political anchor Bret Baier and “The Story” executive editor and anchor Martha MacCallum, and also field questions from members of the live audience at the town hall in Des Moines, Iowa’s capital and largest city.

DeSantis, who won an overwhelming victory 14 months ago to clinch a second four-year term steering Florida, was for months solidly in second place in the race for the 2024 GOP presidential nomination, behind former President Trump, who’s the commanding front-runner. 

HALEY FIRES BACK AT TRUMP, DESANTIS, AND BIDEN AT FOX NEWS TOWN HALL IN IOWA 

But after a series of setbacks over the summer, which triggered weeks of negative stories spotlighting his campaign’s overspending, staff layoffs, change of leadership and other issues, DeSantis saw his support in the polls erode.

Rival Nikki Haley, the former South Carolina governor who served as ambassador to the United Nations in the Trump administration, in recent weeks has caught up with DeSantis for second place in the polls in Iowa — whose Jan. 15 caucuses lead off the GOP nominating calendar — and in national surveys. 

GREAT EXPECTATIONS: THE PRESSURE’S ON FOR TRUMP, DESANTIS, AND HALEY TO PERFORM IN IOWA’S CAUCUSES

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

DeSantis has staked his shot at the nomination on a strong showing in Iowa and has, for weeks, predicted a victory in the Hawkeye State.

“We’re going to win here in Iowa,” he told Fox News Digital on the campaign trail in the eastern part of the state the week before Christmas.

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And he predicted the caucuses “will be very clarifying in terms of who is a real deal and who’s not. So, we look forward to that.”

But in recent days, DeSantis appears to have tempered his expectations, telling Fox News on Sunday that “we’re gonna have a good showing here.”

Haley joined Fox News on Monday for a similar town hall, with Trump taking questions from Baier and MacCallum on Wednesday.

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

Missouri Secretary of State Jay Ashcroft, a Republican, became the latest victim of swatting on Sunday night after police were alerted to a shooting at his family’s home – which turned out to be false.

Ashcroft recently threatened to remove President Biden from the election ballot as some states work to disqualify former President Trump from the Republican primary ballot because of his actions during the U.S. Capitol protest on Jan. 6, 2021.

Ashcroft said in a press release that he was home with his wife and children when he received a call from the Jefferson Police Department to make sure he was safe after receiving a call about a shooting at his house.

He also said he walked out of his home with his hands in the air as several armed law enforcement officials waited for him outside.

TEXAS AG KEN PAXTON, WIFE TARGETED BY HOME ‘SWATTING’ ON NEW YEAR’S DAY

The secretary of state, his wife and his children were not injured in the incident.

After the swatting incident, Ashcroft turned to social media.

WHAT IS ‘SWATTING,’ THE ‘CRIMINAL HARASSMENT’ HOAX THAT’S HIT 3 GOP LAWMAKERS SINCE CHRISTMAS?

“My home was just swatted,” he posted on X. “My family and I are safe. I am grateful to Jefferson City law enforcement for the professionalism with which they handled the situation.”

Ashcroft said in a separate statement that he is hopeful the people responsible for the “childish, cowardice acts” are brought to justice.

MTG TO INTRODUCE BILL TARGETING ‘SWATTERS’ AS RICK SCOTT BECOMES LATEST TARGET

Swatting, which is illegal, is when an individual calls in a false police report about a violent crime – like a murder, hostage situation or other crime that would require a larger than normal law enforcement response – to the home of the target.

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Over the past few weeks, several elected officials have been targets of swatting, including Sen. Rick Scott of Florida, Rep. Marjorie Taylor-Greene of Georgia, Rep. Brandon Williams of New York and Texas Attorney General Ken Paxton.

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

The Commandant of the U.S. Marine Corps, Gen. Eric Smith, underwent open-heart surgery on Monday to repair a valve in his heart, the Corps said. 

Smith, who was confirmed as the new commandant on Sept. 21, was initially hospitalized after suffering cardiac arrest near his home at Marine Barracks Washington on Oct. 29. 

“He is in good condition and continues to recover at the hospital among family members and his doctors,” the Corps said in a statement. “Following his rehabilitation, Gen. Smith will return to full duty status as Commandant.”

Smith’s surgery comes after news that Defense Secretary Lloyd Austin was admitted to Walter Reed National Military Medical Center last week for complications following a recent elective medical procedure, which was not shared with the public for several days. Austin has since resumed his full duties.

TOP MARINE COMMANDER HOSPITALIZED AFTER SUFFERING HEART ATTACK

The surgery successfully repaired a bicuspid aortic valve in his heart, which was the cause of his cardiac arrest. 

Assistant commandant, Gen. Christopher Mahoney, has been serving as the acting head of the Marine Corps while Smith has been in the hospital.

Smith will return to his full duties as commandant following rehabilitation, a statement from the Marines said.

KAT CAMMACK ALARMED OVER LLOYD AUSTIN’S SECRETIVE HOSPITAL STAY: ‘NOT FIT’ FOR OFFICE

The Defense Department said Austin’s hospitalization was not initially disclosed because of medical and personal privacy issues. Deputy Defense Secretary Kathleen Hicks has filled in while on a previously scheduled leave.

Several lawmakers, including Democrats and Republicans, have requested additional information on the medical operation and why various offices were not immediately notified about his absence. 

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Republican presidential candidates have also weighed in on the controversy, with Nikki Haley suggesting President Biden should be held accountable.

Fox News’ Sarah Rumpf-Whitten and Liz Friden contributed to this report.

Rival Republican presidential campaigns took to social media to blast former United Nations Ambassador Nikki Haley, during and after her participation in a Fox News town hall.

Haley participated in the hour-long Fox News town hall, which was hosted by “Special Report” chief political anchor Bret Baier and “The Story” executive editor and anchor Martha MacCallum, before a live audience one week ahead of the infamous Iowa caucuses next week.

The former South Carolina governor touched on the border and inflation in her answers to questions from citizens of the Hawkeye State. She also took aim at some of her top GOP rivals, including former President Trump and Florida Gov. Ron DeSantis. She also attacked President Biden.

HALEY PUSHES BACK BUT DOES NOT CATEGORICALLY RULE OUT BEING TRUMP’S RUNNING MATE

Haley’s rivals had words, though, as the former governor made her case to Iowans and voters across the country, with former President Trump blasting Haley on TruthSocial over her comments about beating the former president “fair and square.”

“Nikki Haley, who said I was a great President and that she would ‘never run against me,’ just stated that I ‘should not be kicked off the ballot’ and that she ‘will beat me fair and square,’” Trump wrote.

“Her only problem is, a new Morning Consult poll that just came out has me leading her by 43 points in Iowa,” Trump wrote in the post that included a screenshot of the poll numbers. “Also, interestingly, I’ve gone up 8 points, and she’s only gone up 4, but Ron DeSanctimonious has gone down by 4–Could be the end of the line for Ron.”

“I would like to congratulate ‘Aida’ Hutchinson on the fact that, after being at ZERO for 7 consecutive months, he has broken the ice and is now at a solid 1%,” Trump continued. “Sloppy Chris Christie is ‘DEAD!'”

Tricia McLaughlin, the spokesperson for GOP presidential candidate Vivek Ramaswamy, told Fox News Digital that Ramaswamy “didn’t watch” Haley’s town hall as “he was busy meeting Iowans on his fifth campaign of the day, while Nikki Haley cancelled her events.” He repeatedly blasted her on Monday on social media for canceling a Monday morning event in Sioux City due to a snowstorm.

Carly Atchison, spokesperson for Florida Governor Ron DeSantis’ presidential campaign, told Fox News Digital, “First Nikki Haley insulted Iowans by saying New Hampshire voters will ‘correct’ their votes, then tonight she just lied to their faces.”

“Haley continues to show how little respect she has for Iowa and gives Iowans a new reason every day to reject her on caucus night,” Atchison said.

DeSantis’ rapid response team fired off during the event, as well, taking aim at Haley’s truthfulness.

“‘If you have to lie to win, you don’t deserve to win,’ Nikki Haley tells Iowa caucusgoers right before lying to them,” 

“‘I never said Hillary Clinton was an inspiration!'” the account continued. “Really, Nikki? Let’s roll the tape.”

The post included a video of Haley’s response to DeSantis’ attack ad criticizing her for past comments regarding former Secretary of State Hillary Clinton. Haley accused DeSantis of “lying” about her comments.

“Nikki Haley says Ron DeSantis does not deserve to win because he tells the truth,” the DeSantis War Room wrote in another post. “Interesting take.”

“DeSantis is desperate,” Haley said on Monday. “He’s lying because he’s losing. But let’s go to the problem is, if you have to lie to win, you don’t deserve to win. I never said Hillary Clinton was an inspiration. What I said when I was talking to a group of women who were looking at running for office, I said the same thing about her that I said about Sarah Palin, and that is when I was looking to run. Everybody told me why I couldn’t do it.”

A spokesperson for Haley’s campaign echoed her boss by saying it was “awfully nice” that the GOP rivals were giving Haley a lot of attention.

“As Nikki said tonight, it’s awfully nice of her opponents to pay so much attention to her,” Haley spokesperson AnnMarie Graham-Barnes said in a statement to Fox News Digital. “It’s a sure sign that she is rising, and they are growing increasingly desperate.”

Former President Trump’s campaign also hit Haley during her town hall on China, posting a graphic accusing the former ambassador of giving away “free land” to a firm ran by the Chinese Communist Party (CCP).

“Nikki Haley gave 197 acres of free land to a Chinese company run by the CCP,” the Trump campaign wrote. Haley has been criticized over her business with China as South Carolina governor.

Haley’s town hall comes as she and other GOP presidential candidates barnstorm Iowa ahead of the infamous caucuses.

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She is not the only candidate taking the stage for Fox News town halls this week. DeSantis and Trump will both be having their own town halls on Tuesday and Wednesday, respectively.

Fox News Digital’s Andrew Mark Miller contributed reporting.

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

Former United Nations Ambassador Nikki Haley said during a Fox News town hall that former President Trump should not be taken off the ballot and predicted she will defeat him “fair and square” without outside help from Democrats in Colorado and other states.

“No, he shouldn’t be taken off the ballot and the Supreme Court needs to rule quickly before other states start to do this,” Haley said during a Fox News town hall in Iowa on Monday night. “This is one of those, don’t open a door if you don’t want to see what happens this is a door we don’t need to open. I will defeat President Trump fair and square. I don’t need anybody throwing him off the ballot to do it.”

Haley received applause for that remark before she continued. 

“But this started back with COVID. The idea that you have people telling people what to do, how to think, what to how to live, all of that, that’s wrong. If they can do this to him, they’ll do it to someone else. We can’t have others saying, I don’t think he should be on the ballot. I think Americans can decide on their own whether they want him to be on the ballot or not.“

HALEY PUSHES BACK BUT DOES NOT CATEGORICALLY RULE OUT BEING TRUMP’S RUNNING MATE

The U.S. Supreme Court recently agreed to hear arguments on whether former President Trump will be on the Colorado Republican presidential primary ballot after the state’s Supreme Court voted to remove him from the ballot in December citing the 14th Amendment and Trump’s alleged role in the January 6th riot at the U.S. Capitol which Democrats have referred to as an “insurrection.”

The justices said they will hear the case on an expedited basis, with arguments on Feb. 8.

HALEY RESPONDS TO TRUMP, DESANTIS’ SWIPES: IT’S ‘SWEET’ THAT THEY’RE SPENDING SO MUCH MONEY AGAINST ME

The historical hearing will consider the meaning of the 14th Amendment, which bars people who “engaged in insurrection” from holding public office. 

The amendment was adopted in 1868, following the Civil War.

Maine Democrat Shenna Bellows also recently announced that Maine was removing Trump from the 2024 ballot which the Trump campaign has appealed in court.

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More than two dozen states have filed an amicus brief with the Supreme Court urging the nation’s highest court to keep former President Trump on the Colorado Republican presidential ballot and warning that failing to do so could throw the 2024 presidential election “into chaos.”

Fox News Digital’s Adam Shaw and Sarah Rumpf contributed to this report

Defense Secretary Lloyd Austin remains hospitalized but is recovering and is in “good spirits,” despite the uproar over the non-disclosure of his hospital stay for several days, the Pentagon said Monday. 

Austin was admitted to the Walter Reed National Military Medical Center, in Bethesda, Maryland, on Jan. 1 for severe pain following a Dec. 22, 2023 elective procedure. 

“He is no longer in the intensive care unit but is recovering in a more private area of the hospital,” Pentagon Press Secretary Air Force Maj. Gen. Pat Ryder said in a statement. “He continues to experience discomfort, but his prognosis is good.” 

DEFENSE SECRETARY AUSTIN HAS NO PLANS TO RESIGN, PENTAGON SAYS

“Since resuming duties on Friday evening, the secretary has received operational updates and has provided necessary guidance,” Ryder added. “He has full access to required secure communications capabilities and continues to monitor [Defense Department] day-to-day operations worldwide.” 

The day after Austin was admitted to the hospital, Deputy Defense Secretary Kathleen Hicks assumed partial duties from the secretary. On Jan. 4, Hicks and the White House National Security Advisor Jake Sullivan were told of Austin’s hospitalization, the Pentagon said. 

GOP SENATORS OUTRAGED OVER ‘SHOCKING BREAKDOWN’ RELATED TO DEFENSE SEC LLOYD AUSTIN’S SECRET HOSPITALIZATION

Austin assumed his full secretarial duties on Friday. Since then, he has received operational updates and remains in contact with his staff, Ryder said. He also took an operational update from the U.S. Central Command commander Gen. Erik Kurilla along with Deputy Secretary Hicks and the Chairman of the Joint Chiefs of Staff Gen. C.Q. Brown, Jr.

“I expect him to be in contact throughout the day today with senior leadership of the department and the White House even as he focuses on his own recovery,” Ryder said. “We in the department, of course, all wish him a speedy recovery,” Ryder said.

Ryder said a specific date for Austin’s release from the hospital has not been determined.

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President Biden, the National Security Council and top Pentagon leaders – including Hicks, were kept in the dark for days that Austin had been taken to the hospital’s intensive care unit for treatment on New Year’s. Some congressional lawmakers have called for Austin to resign over the matter. 

Earlier on Monday, Ryder said Austin’s chief of staff, Kelly Magsamen, didn’t inform the White House about Austin’s hospitalization because she had been sick with the flu. 

The secretary doesn’t have plans to step down, the Pentagon said. 

DES MOINES, Iowa – Republican presidential candidate Vivek Ramaswamy is using a snowstorm in Iowa to take aim at GOP nomination rival Nikki Haley.

After Haley canceled an event Monday morning in Sioux City, in the northwest corner of the state due to a snowstorm, Ramaswamy took to social media to spotlight that “I’m headed to Sioux City for our event right now. We’re not canceling.”

Ramaswamy, the multimillioinaire biotech entrepreneur and first-time candidate who for months has been a very vocal critic of Haley, charged that the former South Carolina governor who later served as ambassador to the United Nations in the Trump administration, scrapped her event in Sioux City to “avoid embarrassment.”

He tweeted out a clip of an NBC News report that showed a nearly empty Horizon Family Restaurant in Sioux City, where the Haley countdown-to-caucus event was supposed to have been held. But the clip that Ramaswamy posted on X, formerly known as Twitter, didn’t include the portion of the report where the correspondent noted that Haley’s stop was canceled because of heavy snow.

HALEY HEADLINES FOX NEWS TOWN HALL – 6PM ET MONDAY IN IOWA

Ramaswamy, who drove two and a half hours from Des Moines to Sioux City, continued to jab at Haley, saying at a campaign event in the city that “some saw a snowstorm, canceled events in northwest Iowa. We got four events. We’re keeping them intact.”

But Ramaswamy apparently made no reference to former President Donald Trump’s campaign, which also canceled an event due to the storm that had dumped a few inches of snow in portions of western and southern Iowa by midday, with more forecast.

The Trump campaign “indefinitely postponed” an event in Ottumwa, where former Arkansas Gov. MIke Huckabee, a two-time GOP presidential candidate, and his daughter, current Arkansas Gov. Sarah Huckabee Sanders – who served as Trump’s White House press secretary – were scheduled to stump on the former president’s behalf.

GREAT EXPECTATIONS: THE PRESSURE’S ON FOR TRUMP, DESANTIS, AND HALEY TO PERFORM IN IOWA’S CAUCUSES

Haley’s campaign didn’t respond to the slight from Ramaswamy, but noted that they texted supporters early Monday morning to alert them that the Sioux City event had been canceled due to the snow and poor driving conditions.

Haley has soared in recent months, thanks in part to her well-regarded performances in the first three Republican presidential primary debates.

Over the past month, Haley has caught up with Florida Gov. Ron DeSantis in the latest Iowa polls and in national surveys, for a distant second place behind Trump, who remains the commanding frontrunner for the nomination as he makes his third straight White House run. Iowa’s Jan. 15 caucuses lead off the GOP presidential nominating calendar.

Later Monday, Haley will take questions from “Special Report” chief political anchor Bret Baier and “The Story” executive editor and anchor Martha MacCallum, who will host a Fox News town hall in Des Moines. The hour-long town hall starts at 6 p.m. ET and will be in front of a live audience.

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

FIRST ON FOX: HALEY FUNDRAISING SOARS THE PAST THREE MONTHS

Ramaswamy, who’s polling in the single digits in the latest surveys in Iowa, has been repeatedly crisscrossing the Hawkeye State in recent months, often making numerous campaign stops per day. On Monday, his wife Apoorvaa filled in for Ramaswamy at one event, so the candidate could make it to the northwestern part of the state, which is heavily Republican.

Haley’s been drawing healthy crowds as she campaigns in both Iowa and New Hampshire. Her most recent visit to Sioux City came last month, when she drew a couple hundred people to her event.

There’s been plenty of acrimony between Ramaswamy and Haley in recent months, as they repeatedly clashed at the GOP presidential primary debates.

Ramswamy wasn’t the only candidate to jab at Haley over the snowstorm.

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A text from the DeSantis campaign earlier Monday also took aim at Haley over the Sioux City cancellation, claiming that she scrapped the event “because she can’t stop making gaffes.”

Haley’s failure to mention slavery when answering a question late last month about the causes of the Civil War quickly went viral, and provided instant ammunition for her GOP presidential competitors. So did her comments this past weekend that you “change personalities” from Iowa to New Hampshire and last week that New Hampshire voters “correct” the results of the Iowa caucuses.

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

President Biden and top officials weren’t immediately alerted about the hospitalization of Defense Secretary Lloyd Austin because his chief of staff was out sick, resulting in a breakdown in the notification process, the Pentagon said Monday. 

Austin, 70, was admitted to the intensive care unit at the Walter Reed National Military Medical Center on Jan. 1 for severe pain for complications following a recent elective medical procedure,” Pentagon press secretary Maj. Gen. Pat Ryder said last week. 

Biden and the National Security Council weren’t told about the hospitalization for a few days and the press and Congress weren’t notified until Friday. 

SECRETARY OF DEFENSE LLOYD AUSTIN REMAINS HOSPITALIZED AFTER MYSTERY PROCEDURE; DOD REMAINS MUM ON RELEASE

“The best I can tell you is that the secretary’s chief of staff (Kelly Magsamen) was ill with the flu, which affected the notification timelines,” Ryder said Monday. “We’re we’re going back now and looking at the processes and procedures, as I mentioned, to include both the White House and congressional notifications to ensure that we can improve those processes. You know, the bottom line is we know we can do better and we will do better.”

Magsamen was “unable to make notifications before then” but she informed Deputy Defense Secretary Kathleen Hicks and national security adviser, Jake Sullivan, on Thursday. The National Security Council and Biden weren’t notified of Austin’s hospitalization until Thursday as well. 

Ryder acknowledged that he and other public affairs and defense aides were told Jan. 2 that Austin had been hospitalized but did not make it public and did not tell the military service leaders or the National Security Council until days later. 

“I want to offer my apologies and my pledge to learn from this experience, and I will do everything I can to meet the standard that you expect from us,” he said.

PENTAGON FACING BACKLASH OVER FAILING TO DISCLOSE SEC. AUSTIN’S ILLNESS: ‘HARMS CREDIBILITY’

Hicks, who was on a previously scheduled vacation and not physically in the Pentagon, partially assumed some of Austin’s duties last week, an official told Fox News. She wasn’t told Austin was hospitalized at that time, the Pentagon said.

Austin was taken to the hospital via ambulance on Jan. 1 and he was conscious during the ride, Ryder said Monday. 

“The secretary did participate, in a call with the president on New Year’s Day,” Ryder said. “This was, of course, prior to him being admitted to hospital.”

A Jan. 4 strike that killed a a militia leader in Baghdad was pre-approved by Austin and the White House before the secretary was admitted into Walter Reed, Ryder said. 

He added that Austin has no plans to resign. No senior Defense Department officials have been asked to resign as well. 

Ryder said staff in Austin’s front office will review notification procedures, including whether regulations, rules or laws were broken, and will take steps to improve the notification process. Those staff members, however, are among those who did not disclose the secretary’s hospitalization.

The Pentagon‘s failure to disclose Austin’s hospitalization has enraged congressional leaders and the news media responsible for covering the Pentagon.

“I was informed by the assistant to the Secretary of Defense for Public Affairs on Tuesday afternoon that the secretary was in the hospital,” Ryder said. “He didn’t have any additional information to provide, but I recognize that I should have tried to learn more and to press for an earlier public acknowledgment.”

In a statement issued Saturday evening, Austin took responsibility for the delays in notification.

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“I am very glad to be on the mend and look forward to returning to the Pentagon soon,” he said. “I also understand the media concerns about transparency and I recognize I could have done a better job ensuring the public was appropriately informed. I commit to doing better. But this is important to say: this was my medical procedure, and I take full responsibility for my decisions about disclosure.”

The Associated Press contributed to this report. 

FIRST ON FOX – The legal team of former president Donald Trump are instructing former Justice Department official Jeffery Clark to maintain executive privilege amid the fight to strip his bar license. 

Clark, who served as assistant attorney general for the Environment and Natural Resources Division during Trump’s administration, is fighting efforts by the D.C. Office of Disciplinary Counsel to have him disbarred for a letter he drafted, outlining what he perceived as “significant concerns” in the state of Georgia during the 2020 election. 

According to a letter obtained by Fox News Digital from white-collar attorney Todd Blanche representing the 45th president in two of his criminal cases, Trump’s legal team is instructing Clark to “maintain President Trump’s executive privilege and other related privileges, including law enforcement privilege, attorney client privilege, and deliberative process privilege.”

A D.C. Bar disciplinary proceeding against Clark is set to begin on March 26, where former White House counsel Patrick Philbin is scheduled to testify, according to Blanche.  

JEFFREY CLARK ATTORNEY FILES MOTION OBJECTING TO PROPOSED TRIAL DATE; CALLS IT ‘HIGHLY PREMATURE’

Clark is also a named defendant in the ongoing racketeering case against Trump in Georgia. 

The question of executive privilege between a president and his administration appointees has been central to cases against Trump and allegations that he tried to interfere with the 2020 election. 

In 2021, the Department of Justice told Clark that President Joe Biden’s decision to waive executive privilege gave Clark and other former department officials clearance to testify about their deliberations in relation to Trump’s alleged efforts to overturn the presidential election.

But Douglas A. Collins, then-attorney for Trump, told Clark that waiver was “unlawful.” 

“The executive privilege applicable to communications with President Trump belongs to the Office of the Presidency, not to any individual President, and President Biden has no power to unilaterally waive it. The reason is clear: if a President were empowered unilaterally to waive executive privilege applicable to communications with his or her predecessors, particularly those of the opposite party, there would effectively be no executive privilege,” Collins wrote in an August 2021 letter. 

TRUMP FILES ‘POWERHOUSE’ MOTION CALLING FOR SPECIAL COUNSEL JACK SMITH TO BE HELD IN CONTEMPT OF COURT

Blanche in his Jan. 4 letter notes that at the time President Trump did not seek judicial intervention to prevent Clark’s testimony or the testimony of other former Department officials.

But because Clark was “never subpoenaed to testify to the House Oversight or Senate Judiciary Committees, never sat for transcribed interviews with these Committees, and seeing that there are no similar pending congressional subpoenas applicable to you, this assertion is now moot,” Blanche writes.

SPECIAL COUNSEL IN TRUMP CASE UNCONSTITUTIONAL, FORMER REAGAN AG SAYS

“Further, the Collins Letter preserved President Trump’s executive privilege rights by not “’otherwise waiving the executive privilege associated with the matters [concerning the 2020 election] the Committees are purporting to investigate,’” Blanche continued. 

In light of these circumstances and the pending D.C. Bar disciplinary proceeding against you, … we hereby instruct you to maintain President Trump’s executive privilege and other related privileges, including law enforcement privilege, attorney client privilege, and deliberative process privilege,” he concluded.

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Former President Trump, who is leading the polls in the 2024 GOP primary election, will be in Washington, D.C. on Tuesday Jan. 9 asking the U.S. Court of Appeals to toss out criminal charges filed by special counsel Jack Smith against the former president for alleged election interference in the 2020 election.

The former president has claimed “absolute immunity” from prosecution since he was president in the weeks after the election and on Jan 6, 2021 when the Capitol riots took place. 

Fox News’ Bill Mears and Tyler Olsen contributed to this report. 

The Pentagon revealed Monday that the White House was kept in the dark over Secretary of Defense Lloyd Austin’s intensive care unit hospital treatment for days due to his chief of staff having the flu. 

Pentagon press secretary Maj. Gen. Pat Ryder provided updates to the media in an off-camera gaggle Monday, where he explained that Austin’s quiet hospitalization was kept from the White House and National Security Council for days due to Austin’s chief of staff having the flu. 

The press secretary added that Austin is out of the ICU and is in “good” condition, but remains at Walter Reed hospital for continuing treatment.

WHITE HOUSE RESPONDS TO GOP CALLS FOR SEC AUSTIN’S RESIGNATION AFTER MYSTERY AILMENT, HOSPITALIZATION 

The Pentagon added Monday that the U.S. military strike on Thursday of an Iran-backed militia was authorized before Austin’s hospitalization. 

Austin underwent an elective medical procedure on Dec. 22 at Walter Reed National Military Medical Center, and days later experienced “severe pain” while at home. He was again transported to the hospital on Jan. 1 to the intensive care unit, Ryder told Fox News on Sunday. There have been no details released clarifying what elective procedure was carried out. 

The Pentagon said the White House was not told on Dec. 22 that Austin was undergoing the elective procedure. Defense Deputy Secretary Kathleen Hicks, who picked up some of Austin’s responsibilities during the procedure last month, was also not informed as to why, meaning both the White House and the Department of Defense’s deputy were unaware of the procedure on Dec. 22 and the subsequent complications.

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

Ryder clarified Monday that Austin was initially taken to the hospital last week via ambulance. 

Austin has resumed his duties, but remains at Walter Reed. The Pentagon said no date is set on when he will be released. 

DEFENSE SECRETARY AUSTIN HAS NO PLANS TO RESIGN, PENTAGON SAYS

The media was made aware on Friday of Austin’s hospital treatment, and reports quickly followed that President Biden, the National Security Council and top Pentagon leaders – including Hicks – were kept in the dark regarding the hospitalization for days.

Outrage has since mounted, as Republican lawmakers and leaders sound off that Austin must answer many questions regarding the communication breakdown in the chain of command, and even calling for him to resign or be fired. 

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The White House and Pentagon have both said there are no plans for Austin to resign. 

A week of back-to-back Fox News-hosted town halls will kick off with presidential candidate and former United Nations Ambassador Nikki Haley on Monday, January 8.

Fox News Channel will host the first of three days of town halls with Haley at 6 p.m. EST, speaking with the only female candidate in the GOP presidential race on women’s issues and topics most important to voters.

“Special Report” chief political anchor Bret Baier and “The Story” anchor Martha MacCallum will co-moderate the event in Iowa.

Haley’s GOP primary competitors, including former President Donald Trump and Florida Gov. Ron DeSantis, have ramped up attacks on her campaign after the former ambassador climbed to second place in several recent polls. The GOP hopeful’s surge was recently on full display after the campaign reported doubling donor contributions in the fourth quarter, reporting a $24 million haul during the October to December donation period.

INFLUENTIAL CONSERVATIVE GROUP LAUNCHES MASSIVE AD AND GRASSROOTS BLITZ ON BEHALF OF HALEY

How to watch

Viewers can tune in to the live town hall event featuring Haley on FOX News Channel. Viewers can also access a live stream on FOX Nation, FOX News Media’s streaming platform, as well as FOXNews.com and FOXBusiness.com. FOX websites will also include live debate reporting and a live blog throughout the evening.

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Fox News will also host a town hall with Haley’s primary challenger Ron DeSantis on Tuesday evening and a town hall with former President Donald Trump on Wednesday.