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Patel camp decries Durbin accusations as ‘politically motivated’ attempt to derail FBI confirmation

12 February 2025 at 08:43

FIRST ON FOX: A team member for President Donald Trump's FBI director nominee, Kash Patel, pushed back Wednesday on allegations that Patel played a role in the firings of bureau personnel just hours after swearing not to do so during his confirmation hearing late last month – dismissing accusations from the panel's top Democrat as a politically motivated effort to derail his confirmation. 

A senior transition team official for Patel refuted the allegations made by the ranking Senate Judiciary Committee Democrat, Dick Durbin, that Patel had orchestrated the firings after his confirmation hearing. 

This person told Fox News that Patel had left Washington the night of his confirmation hearing to fly home to Las Vegas, where he has "been sitting there waiting for the process to play out."

The official also refuted the notion that Patel has had anything to do with the firings of bureau personnel, as alleged by Durbin in Senate floor remarks the previous day. 

FBI AGENTS SUE TRUMP DOJ TO BLOCK ANY PUBLIC IDENTIFICATION OF EMPLOYEES WHO WORKED ON JAN. 6 INVESTIGATIONS

"Mr. Patel has been going through the confirmation process, and everything he has done since his nomination has been above board," the official said in an interview with Fox News Digital. "And any insinuation otherwise is false."

In addition to his trip home to Vegas, Patel has also spent time hunting away from Washington, this person said, providing photographed evidence of Patel's activities. 

The news comes one day after Durbin's team cited "highly credible" whistleblower reports his office had received in recent days, which they said indicated that Patel had been "personally directing the ongoing purge of FBI employees prior to his Senate confirmation for the role."

Durbin's staff also sent a letter Tuesday to the Justice Department's inspector general, Michael Horowitz, requesting an investigation into these allegations. 

MORE THAN HALF A MILLION LAW ENFORCEMENT PERSONNEL BACK PATEL AS FBI DIRECTOR

"I have received highly credible information from multiple sources that Kash Patel has been personally directing the ongoing purge of career civil servants at the Federal Bureau of Investigation," Durbin said in the letter to Horowitz. 

"Although Mr. Patel is President Trump’s nominee to be FBI Director, he is still a private citizen with no role in government."

If true, Durbin has alleged that Patel's reported actions could put him on the hook for perjury. 

FBI AGENTS SUE TRUMP DOJ TO BLOCK ANY PUBLIC IDENTIFICATION OF EMPLOYEES WHO WORKED ON JAN. 6 INVESTIGATIONS

Patel claimed during his Senate confirmation hearing late last month that he would use his role to protect agents against efforts to weaponize the bureau. 

"All FBI employees will be protected against political retribution," Patel told Sen. Richard Blumenthal, D-Conn., during that hearing. 

Democrats on the Senate Judiciary Committee have sought to discredit Patel's confirmation in the days and weeks ahead of his confirmation – which they reiterated last week in a press conference, after announcing they would delay his committee confirmation vote by a full week. 

Durbin told Fox News last week that their aim in delaying the hearing is to raise more public awareness about Patel’s previous actions, in hopes that doing so will shore up new opposition from some Republicans in the chamber.

Ultimately, lawmakers noted they can only delay Patel's committee vote through next week. Beyond that, they said, it is up to Republicans.

As Democrats regroup outside DC, GOP attorneys general adopt new playbook to defend Trump agenda

11 February 2025 at 11:50

GOP state attorneys are taking on a renewed role during President Donald Trump's second administration as "freedom's front line," Republican Attorneys General Association (RAGA) incoming executive director Adam Piper told Fox News Digital, arguing that Democrats – deflated from losing control of both houses of Congress – are turning to left-leaning state attorneys to "undermine" the White House's America First agenda.

Right now, there are 29 Republican attorneys general in the United States who are "uniquely qualified to be the tip of the spear, to be freedom's front line and be a foundation for the future and a foundation for freedom every single day," Piper told Fox News Digital. "These men and women are working tirelessly to ensure their states are the safest places possible. But they're also working tirelessly to defend freedom, to help President Trump to ensure the American people have the system of government they voted for, they expect, and they deserve one that is free and one that is fair." 

In Trump's first three weeks in office, Democratic attorneys general have sued the Trump administration on several matters related to the Department of Government Efficiency (DOGE). That includes New York Attorney General Letitia James leading 19 state attorneys in suing over DOGE leader Elon Musk's access to Treasury Department records. U.S. District Judge Paul A. Engelmayer issued a preliminary injunction in that case Saturday. 

TRUMP HAS HIGHER APPROVAL RATING THAN AT ANY POINT DURING FIRST TERM: POLL

Democratic attorneys general also partnered with the country's largest federal labor unions to sue over Trump's deferred resignation offer that would allow workers eight months of paid leave if they agree to leave their jobs voluntarily. 

In turn, Montana's Republican attorney general, Austin Knudsen, led 22 states in an amicus brief Sunday asking the court to deny a motion for a temporary restraining order and allow Trump to manage the federal workforce how he sees fit. U.S. District Judge George O'Toole in Boston federal court on Monday proceeded to push back the deadline a second time on Trump's "Fork in the Road Directive," which gives most federal employees the option to resign with pay and benefits until Sept. 30. 

"During the Biden administration, Republican AGs were the last line of defense. We were the goal line stand, keeping the equivalent of a ‘tush push’ out of the end zone," Piper told Fox News Digital. 

"During the Trump administration, we have to play offense, defense and special teams," he continued. "We have to be freedom's front line. Working with the administration to ensure this DOGE regulatory reform agenda gets done, that we return to America's Golden Age. But we also have to play defense and special teams. You're going to see Democratic AGs take our playbook, bastardize it, and push back on the Trump administration. You will see states like New York and California get more aggressive, and Republican AGs are there to defend the rule of law, to promote freedom, and to ensure we work with President Trump to return America's Golden Age." 

As for the DOGE injunction led by James, Piper said it equates to "partisan gamesmanship from Democratic attorneys general who want to do everything possible to thwart President Trump's agenda." 

"This is why Republican attorneys general are so critical to the success of the Trump administration in pushing back against Democratic attorneys general and their attempts to crowbar what President Trump and his team are trying to accomplish in Washington, D.C., which is returning freedom to the American people, returning government efficiency, eliminating fraud, waste and abuse," he said. 

REPUBLICAN AGS BACK TRUMP FEDERAL EMPLOYEE BUYOUT AS JUDGE DECIDES 'FORK IN THE ROAD' DIRECTIVE'S FATE

Regarding James, in particular, Piper noted how New York's attorney general led cases against Trump during his 2024 re-election campaign that are now defunct and have failed. 

"A lot of her push back on the Trump administration is more about political theater than it is the rule of law in a court of law," he said. "And today and moving forward, you will see Republican attorneys general being President Trump's best friend from a policy standpoint. We will be his best champion from a policy standpoint. There's no more effective elected official in the United States than the state attorney general. We're more effective than the members of Congress, more effective than U.S. senators, more effective than even governors… You know, we can push back on some of this lawfare that you'll see from Democratic attorneys general." 

The Republican Attorneys General Association has seen alumni advance to the federal level in the Department of Justice. Most notably, that includes the newly sworn-in U.S. Attorney General Pam Bondi. Piper said he also hopes to see the Senate confirm Aaron Rice, an alum of the Texas Attorney General's Office, to join the DOJ's Office of Legal Policy. He noted 51 Republican attorneys general or staff alumni held Senate confirmed positions in the first Trump administration.

"Republican attorneys general and their staffs are truly America's farm team. You know where the best incubator of talent to ensuring President Trump has known conservative fighters who are willing to fight every day for the American people," Piper said. "And from Attorney General Bondi. There's no better person to be the attorney general of the United States of America." 

As RAGA looks ahead, Virginia Attorney General Jason Myares is defending his office this year in what's expected to be a competitive race, and then 30 attorneys general races will be on the ballot in 2026. 

"There's an urban myth that Richmond goes the opposite way of 1600 Pennsylvania Avenue. We are going to make sure that myth is just an urban myth and just a fable. Attorney General Jason Myers is truly one of our best when you look at the issues across the board. We will have probably an uphill battle," Piper said. "Virginia is a state the Republicans carried by two points four years ago. We have to have a good ground game. We have to have a good turnout operation… We have to make sure voters in the Commonwealth of Virginia understand the importance of attorney general, understand the public safety issues and understand that they need someone who every day will ensure Virginia is the safest place to live, work and raise a family."

More than half a million law enforcement personnel back Patel as FBI director

11 February 2025 at 09:28

FIRST ON FOX: More than 680,000 law enforcement personnel have urged the Senate to confirm President Donald Trump's FBI director nominee, Kash Patel, as quickly as possible – a show of support that comes as Democrats on the panel have moved to delay his confirmation ahead of a planned vote this Thursday.

The total number of supporters from law enforcement agencies was shared exclusively with Fox News Digital, and includes state, local and federal backers from groups including the National Sheriffs’ Association, the National Police Association and more than 370,00 members of the national Fraternal Order of Police, which announced their support for Patel Monday night.

"Throughout the course of his federal career, Mr. Patel has become very well acquainted with our national security apparatus and the threats the United States faces abroad," the group said in the letter to the Republican chairman and top Democrat on the Senate Judiciary Committee.

This group touted Patel's experience as a trial attorney for the Justice Department's National Security Division, at the National Security Council and later at the Department of Defense, where he previously served as chief of staff to the department's acting secretary. 

DEMS DELAY PATEL COMMITTEE VOTE, DERIDE TRUMP FBI PICK AS DANGER TO US SECURITY

They also cited a "broad-ranging conversation" the group had with Patel, in which they said he "made a compelling case about his commitment to public safety and ways in which the FBI can support state and local law enforcement agencies."

"He has committed to building on the level of trust and collegiality the FBI enjoys with the law enforcement community, and we will all benefit from the enhanced impact the FBI can have on public safety in our communities."

The groups have praised what they described as Patel's "unwavering commitment" to upholding the rule of law, defending justice, and protecting the American people.

BONDI SWORN IN AS ATTORNEY GENERAL WITH MISSION TO END 'WEAPONIZATION' OF JUSTICE DEPARTMENT

The endorsements come just days before the Senate Judiciary Committee is slated to vote to advance Patel's nomination to be FBI director – a vote that has come under fresh scrutiny from Judiciary Democrats, who have cited recent efforts by the Trump administration to investigate FBI personnel involved in the Jan. 6 investigations

Trump also touched off new concerns and criticism last week when he said he planned to fire at least some of the FBI officials involved in the Jan. 6 investigation, telling reporters that at least some of the agents, in his view, "were corrupt."

"Those people are gone, or they will be gone," Trump said of the agents, adding that it will be done "quickly and very surgically." 

The White House did not immediately respond to Fox News Digital's request for comment on what, if any, new information Trump had received about the allegedly corrupt activity of the bureau, or the number of personnel that could be impacted.

FBI AGENTS GROUP TELLS CONGRESS TO TAKE URGENT ACTION TO PROTECT AGAINST POLITICIZATION 

Patel, for his part, used his confirmation hearing late last month to assure lawmakers he would protect agents against political retribution or efforts to weaponize the bureau. 

"All FBI employees will be protected against political retribution," Patel told Sen. Richard Blumenthal, D-Conn., during that hearing. 

Last week, Democrats on the Senate Judiciary Committee succeeded in temporarily postponing Patel's confirmation hearing – pushing the committee vote to Thursday, Feb. 13 – as they demanded a second hearing from the Trump-aligned former Defense Department official seeking clarity on his previous remarks and his candor. 

Democrats criticized Patel for both his previous actions and his remarks made on podcasts, social media and in his book, saying that in their view, Patel failed to assuage any of their concerns last week during his confirmation hearing – primarily, questions of whether he would take moves to ensure the bureau can continue to act without political interference. 

Still, the opposition has been sharply contested by the panel's chairman, Sen. Charles Grassley, R-Iowa.

Grassley chastised attempts by Democrats to force Patel to testify again in a statement last week, dismissing the effort as "baseless."

He noted that Patel had already sat through a nearly six-hour Senate confirmation hearing, submitted "thousands of pages" of records to the panel, and nearly 150 pages of responses to lawmakers' written questions.

Barring any unexpected opposition, Patel is expected to clear both the committee vote Thursday morning and the full vote in the Republican-led chamber.

Federal appeals court dismisses classified records case against former Trump co-defendants

11 February 2025 at 09:22

A federal appeals court dismissed the appeal charges brought against President Donald Trump aides Waltine Nauta and Carlos De Oliveira by former Special Counsel Jack Smith in his classified documents case, Fox News Digital has learned. 

The 11th Circuit Court of Appeals dismissed the case against Nauta and De Oliveira on Tuesday morning, two weeks after the Justice Department moved to drop the charges.

JUSTICE DEPARTMENT FIRES MORE THAN A DOZEN KEY OFFICIALS ON FORMER SPECIAL COUNSEL JACK SMITH'S TEAM

Nauta, Trump’s valet, and De Oliveira, the property manager of Trump’s Mar-a-Lago estate in Palm Beach, Florida, had pleaded not guilty to federal charges alleging they conspired to obstruct the FBI investigation into classified documents found at Mar-a-Lago

The Justice Department had filed a motion in January to drop all criminal proceedings against Nauta and De Oliveira, putting an end to Smith's probe more than two years after it began.

Former Attorney General Merrick Garland appointed Smith, a former Justice Department official, as special counsel in November 2022. 

Smith, a former assistant U.S. attorney and chief to the DOJ's public integrity section, led the investigation into Trump's retention of classified documents after leaving the White House and whether the former president obstructed the federal government's investigation into the matter. 

JUSTICE DEPARTMENT MOVES TO DROP PROSECUTION OF MAR-A-LAGO STAFF IN TRUMP CLASSIFIED DOCS CASE

Smith also was tasked with overseeing the investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021. 

Smith charged Trump in both cases, but Trump pleaded not guilty.

The classified records case was dismissed in July 2024 by U.S. District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was unlawfully appointed as special counsel. 

Smith charged Trump in the U.S. District Court for Washington, D.C., in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request. 

Both cases were dismissed. 

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The Justice Department, in January, fired more than a dozen key officials who worked on Smith’s team prosecuting the president, after then-acting Attorney General James McHenry said they could not be trusted in "faithfully implementing the president’s agenda." 

Acting Deputy Attorney General Emil Bove has also directed acting FBI Director Brian Driscoll to identify agents involved in Jan. 6 prosecutions for internal review. 

DOJ moves to dismiss federal charges against New York City Mayor Eric Adams

10 February 2025 at 17:42

FIRST ON FOX: The Justice Department is moving to dismiss federal charges against New York City Mayor Eric Adams, Fox News has learned. 

Acting Deputy Attorney General Emil Bove sent a letter to the acting U.S. attorney for the Southern District of New York (SDNY) on Monday instructing the SDNY to drop the federal case against Adams and dismiss it without prejudice. 

BONDI'S DOJ DAY 1 DIRECTIVES: FIGHT WEAPONIZATION OF JUSTICE, ELIMINATE CARTELS, LIFT DEATH PENALTY BAN

Adams was indicted in September on charges including bribery, soliciting campaign contributions from foreign nationals, wire fraud and conspiracy. He has pleaded not guilty to all charges.

Fox News obtained the memo Bove penned to the acting U.S. attorney for the Southern District of New York titled "Dismissal Without Prejudice of Prosecution of Mayor Eric Adams." 

The memo cites President Donald Trump's executive orders combating the weaponization of law enforcement and federal immigration policy. 

"You are directed, as authorized by the Attorney General, to dismiss the pending charges in United States v. Adams…as soon as is practicable, subject to the following conditions: the defendant must agree in writing to dismissal without prejudice; the defendant must agree in writing that he is not a prevailing party under the Hyde Amendment…and the matter shall be reviewed by the confirmed U.S. Attorney in the Southern District of New York, following the November 2025 mayoral election, based on consideration of all relevant factors," Bove wrote in a memo. 

"The Justice Department has reached this conclusion without assessing the strength of the evidence or the legal theories on which the case is based, which are issues on which we defer to the U.S. Attorney’s Office at this time," Bove continued. "Moreover, as I said during our recent meetings, this directive in no way calls into question the integrity and efforts of the line prosecutors responsible for the case, or your efforts in leading those prosecutors in connection with a matter you inherited." 

NYC MAYOR ERIC ADAMS BELIEVES FEDERAL CHARGES AGAINST HIM ARE POLITICALLY MOTIVATED: 'DID NOT BREAK THE LAW'

Bove added, "However, the Justice Department has determined that dismissal subject to the above-described conditions is necessary for two independent reasons." 

Bove also said that the "timing of the charges and more recent public actions by the former U.S. Attorney responsible for initiating the case have threatened the integrity of the proceedings, including by increasing prejudicial pretrial publicity that risks impacting potential witnesses and the jury pool." 

"It cannot be ignored that Mayor Adams criticized the prior Administration’s immigration policies before the charges were filed, and the former U.S. Attorney’s public actions created appearances of impropriety that implicate the concerns raised in the Attorney General’s February 5, 2025 memorandum regarding ‘Restoring the Integrity and Credibility of the Department of Justice, as well as in Executive Order 14147, entitled ‘Ending the Weaponization of the federal government,’" Bove wrote. 

"These actions and the underlying case have also improperly interfered with Mayor Adams’ campaign in the 2025 mayoral election," he added. 

Bove also said the pending prosecution has "unduly restricted Mayor Adams’ ability to devote full attention and resources to the illegal immigration and violent crime that escalated under the policies of the prior administration." 

"We are particularly concerned about the impact of the prosecution on Mayor Adams’ ability to support critical, ongoing federal efforts to ‘protect the American people from the disastrous effects of unlawful mass migration and resettlement,’" Bove wrote, pointing to an executive order signed by the president. 

"Accomplishing the immigration objectives established by President Trump and the Attorney General is every bit as important—if not more so—as the objectives that the prior Administration pursued by releasing violent criminals such as Viktor Bout, the ‘Merchant of Death,’" Bove continued. "Accordingly, based on these additional concerns that are distinct from the weaponization problems, dismissal without prejudice is also necessary at this time." 

Bove's memo comes after he and top DOJ officials recently met with lawyers representing Adams at the Justice Department. 

Adams also met with Trump at Mar-a-Lago in Florida before his inauguration last month. 

Adams suggested in December that he was charged after speaking out against the Biden administration's immigration policies. 

During a sit-down interview with Fox News' Martha MacCallum on "The Story" in December, Adams said, "I did not break the law." 

"I did nothing wrong. That is how I live my life," Adams said. "And that is how I'm going to continue to live my life." 

The move to dismiss the charges also comes after Attorney General Pam Bondi last week established the Weaponization Working Group, which will review the activities of all law enforcement agencies over the past four years to identify instances of "politicized justice."

DHS Secretary Noem appears to accuse 'corrupt' FBI of leaking LA ICE raids

9 February 2025 at 18:04

Department of Homeland Security (DHS) Secretary Kristi Noem called the FBI "corrupt" and appeared to accuse the bureau of leaking plans for "large-scale" immigration enforcement plans in the Los Angeles area.

The LA Times published an article Friday that said U.S. Immigration and Customs Enforcement (ICE) would lead the operation, focusing on those without legal status in the U.S. or who have pending orders of removal, according to an internal government document reviewed by the publication.

The document was reportedly circulated among some government officials last week. The Times also reported that a federal law enforcement source who spoke on condition of anonymity for fear of reprisal said LA FBI and Drug Enforcement Administration officers and agents are being called in to assist.

Noem shared the article on X, taking a dig at the FBI.

LA FREEWAY BLOCKED BY ANTI-DEPORTATION PROTESTERS IN RESPONSE TO TRUMP'S CRACKDOWN ON ILLEGAL IMMIGRATION

"The FBI is so corrupt," Noem wrote. "We will work with any and every agency to stop leaks and prosecute these crooked deep state agents to the fullest extent of the law."

ICE sources told Fox News they do not know where Noem got the information or what she is basing it on.

Fox News Digital reached out to DHS for comment, but did not immediately hear back.

The FBI had no comment on the matter.

LARGEST LAPD UNION SLAMS ANTI-TRUMP PROTEST DIRECTIVES, SAYS ARRESTS ‘SHOULD BE A NO-BRAINER’ IN ALTERCATIONS

U.S. Attorney General Pam Bondi joined "Fox Report" on Sunday, where she discussed immigration enforcement and was asked about leaks within the government.

"Well, you know, if anyone leaks anything, people don’t understand that it jeopardizes the lives of our great men and women in law enforcement, and if you leaked it, we will find out who you are, and we will come after you," Bondi said. "It’s not going to stop our mission. It’s not going to stop the president’s mission to make America safe again."

BORDER CZAR TOM HOMAN SENDS MESSAGE TO FAR-LEFT OFFICIALS PUSHING BACK AGAINST MASS DEPORTATIONS: 'GAME ON'

She also said if people do not want to follow the law, the Department of Justice will prosecute them.

Bondi was then asked about an operation in Denver, Colorado, where individuals used bullhorns to let people know that ICE was coming, advising illegal immigrants of what they should and should not do if approached by agents.

In cases where people inform illegal immigrants that they are in danger, Bondi was asked if anything could or should be done to stop it.

"It very well could rise to the level of obstruction, and we will be looking at every single case where someone jeopardizes the lives of the great men and women in law enforcement, and they will be held accountable," Bondi said. "If you leak, if you do anything, like you said, if you come out with bullhorns that could jeopardize their lives, we will investigate it, and we will come after you."

Lawmakers demand Bondi's DOJ investigate Biden's post-Election Day dismissal of green energy fraud lawsuit

7 February 2025 at 12:00

EXCLUSIVE: Republican lawmakers are calling on the Trump administration to investigate President Biden's dismissal of a lawsuit claiming millions in fraud from a green energy project the day after the 2024 election.

In 2011, President Barack Obama's Treasury Department granted Tonopah Solar Energy, LLC hundreds of millions of dollars for the construction of a green energy solar plant, the Crescent Dunes Solar Energy Project, in Nevada.

However, the energy group was eventually sued by CMB Export, LLC for alleged fraud involving approximately $275 million of taxpayer dollars in a qui tam lawsuit, which is a case on behalf of the government claiming fraud against federal programs. The case was being investigated by the Department of Justice (DOJ), until the Biden administration filed a motion to dismiss the lawsuit on Nov. 6, 2024 – the day after the presidential election.

In a letter to Attorney General Pam Bondi, obtained first by Fox News Digital, Republican Reps. Lance Gooden, R-Texas, and Carol Miller, R-W.Va., are sounding the alarm over the previous administration's decision to halt the potential recovery of taxpayer funds.

JUSTICE DEPARTMENT FIRES MORE THAN A DOZEN KEY OFFICIALS ON FORMER SPECIAL COUNSEL JACK SMITH'S TEAM

"Despite investing three and a half years in investigating this case, it is deeply troubling that the DOJ reversed its position shortly after the presidential election, claiming the dismissal was in public interest and citing undue burdens on federal agencies," the letter reads. "This decision is perplexing, given that the government stands to lose nothing by allowing CMB Export, LLC, to proceed with the case."

The letter asks that Bondi investigate the Biden administration's rationale for dismissal, potential conflicts of interest, timeline of events, and accountability regarding the possible misuse of taxpayer funds.

AG NOMINEE PAM BONDI SEEN AS STEADYING FORCE TO STEER DOJ IN TRUMP'S SECOND TERM

"The American people soundly rejected the Biden administration's radical Green New Deal agenda and fraudulent coverups when they voted for President Trump," Miller told Fox News Digital. "Our understanding is the Crescent Dunes project was an energy proposal that cost American taxpayers hundreds of millions of dollars, produced less energy than promised, and posed safety concerns for individuals working on the project. With President Trump back in the White House, transparency is now the standard for the federal government."

Biden's DOJ claimed the dismissal was "commensurate with the public interest," and that litigation obligations would impose "an undue burden" on the government, two claims that are being called into question in the new letter.

The letter asks if there is any evidence that the timing of the motion was politically influenced, coming right after the election loss, and if the DOJ’s decision to dismiss a case that seeks to recover taxpayer dollars conflicts with its responsibility to uphold accountability in cases of alleged fraud against the government.

"The allegations in this case represent not just potential financial fraud but a breach of public trust," the Republican lawmakers wrote. "The Crescent Dunes project, like other failed ‘green energy’ initiatives, has already cost taxpayers hundreds of millions of dollars, and the dismissal of this case raised serious concerns about the previous administration’s commitment to protecting public funds and prosecuting fraud."

The lawmakers asked that the DOJ conduct an internal investigation into the case, and upon reevaluation, consider allowing CMB Export, LLC, to continue its charge against the solar company.

"The American people deserve accountability and transparency in how their tax dollars are used, especially in cases involving allegations of fraud on such a significant scale," the letter reads.

DOJ directs FBI to fire 8 top officials, identify employees involved in Jan. 6, Hamas cases for review

31 January 2025 at 19:57

Acting Deputy Attorney General Emil Bove sent a memo to the acting FBI director Friday evening directing him to terminate eight FBI employees and identify all current and former bureau personnel assigned to Jan. 6 and Hamas cases for an internal review, Fox News has learned. 

Bove's memo to acting FBI Director Brian Driscoll, which was obtained by Fox News, asserts the Department of Justice cannot trust the FBI employees to carry out President Donald Trump's agenda.

The subject of the memo is "Terminations."

JUSTICE DEPARTMENT FIRES MORE THAN A DOZEN KEY OFFICIALS ON FORMER SPECIAL COUNSEL JACK SMITH'S TEAM

"This memorandum sets forth a series of directives, authorized by the Acting Attorney General, regarding personnel matters to be addressed at the Federal Bureau of Investigation," Bove wrote. 

Bove, a former Trump defense attorney, directed Driscoll to fire eight specific FBI employees by Monday, Feb. 3, at 5:30 p.m. 

"I do not believe that the current leadership of the Justice Department can trust these FBI employees to assist in implementing the President’s agenda faithfully," Bove wrote in the memo. 

Bove cited comments made by President Trump on his first day back in office, in which Trump accused the Biden administration's law enforcement and intelligence agencies of going after Biden's political adversaries.

"The American people have witnessed the previous administration engage in a systemic campaign against its perceived political opponents, weaponizing the legal force of numerous Federal law enforcement agencies and the Intelligence Community against those perceived political opponents in the form of investigations, prosecutions, civil enforcement actions, and other related actions," Bove's memo noted. "This includes the FBI."

ANTI-TRUMP FBI AGENT RESPONSIBLE FOR OPENING JACK SMITH ELECTOR CASE AGAINST PRESIDENT: WHISTLEBLOWER

Bove said the FBI’s "prior leadership actively participated in what President Trump appropriately described as ‘a grave national injustice that has been perpetrated upon the American people over the last four years’ with respect to events that occurred at or near the United States Capitol on Jan. 6, 2021.

"The weaponization of the FBI’s security clearance process is similarly troubling," Bove continued. "So too are issues relating to the FBI’s reticence to address instructions and requests from, among other places, the Justice Department." 

Bove said the problems "are symptomatic of deficiencies in previous leadership that must now be addressed."

Bove wrote that he "deem[s] these terminations necessary, pursuant to President Trump’s January 20, 2025 Executive Order, entitled ‘Ending the Weaponization of the Federal Government’ in order to continue the process of restoring a culture of integrity, credibility, accountability, and responsiveness to the leadership and directives of President Trump and the Justice Department." 

Beyond the terminations of the eight employees, Bove directed Driscoll to identify by noon Tuesday, Feb. 4, "all current and former FBI personnel assigned at any time to investigations and/or prosecutions" relating to "the events that occurred at or near the United States Capitol on January 6, 2021" and United States v. Haniyeh, a terrorism case against six Hamas leaders charged with planning and carrying out the Oct. 7, 2023, attack in Israel. 

The defendants in that case include Ismail Haniyeh and Yahya Sinwar, high-level Hamas leaders believed to have been assassinated in 2024 by Israeli operatives.

MAJOR FBI CHANGES KASH PATEL COULD MAKE ON DAY 1 IF CONFIRMED AS DIRECTOR

Bove ordered that the lists of employees Driscoll should compile "should include relevant supervisory personnel in FBI regional offices and field divisions, as well as at FBI headquarters." 

"For each employee included in the list, provide the current title, office to which the person is assigned, role in the investigation or prosecution, and date of last activity relating to the investigation or prosecution," Bove directed. "Upon timely receipt of the requested information, the Office of the Deputy Attorney General will commence a review process to determine whether any additional personnel actions are necessary." 

Fox News also obtained the letter Driscoll sent to bureau employees Friday evening after receiving Bove’s memo. In it, Driscoll notified employees he was directed to fire the specific employees Bove identified "unless these employees have retired beforehand." 

"I have been personally in touch with each of these impacted employees," Driscoll wrote. 

As for the directive to compile a list of FBI employees involved in the Jan. 6 and Hamas cases, Driscoll said that request "encompasses thousands of employees across the country who have supported these investigative efforts." 

"I am one of those employees, as is acting Deputy Director Kissane," Driscoll wrote. "As we’ve said since the moment we agreed to take on these roles, we are going to follow the law, follow FBI policy, and do what’s in the best interest of the workforce and the American people — always.

"We will be back in touch with more information as soon as we can. In the meantime, stay safe, and take care of each other." 

The FBI declined to comment on any personnel matters, including names, titles or numbers.

The DOJ directive comes after Acting Attorney General James McHenry earlier this week fired more than a dozen key officials who worked on special counsel Jack Smith’s team prosecuting Trump. Fox News Digital exclusively reported the action Monday. 

A DOJ official Monday used similar language to that seen in Bove's letter, telling Fox News Digital McHenry "does not trust these officials to assist in faithfully implementing the president’s agenda." 

The directive also comes a day after Fox News Digital exclusively reported that whistleblower emails were shared with Senate Judiciary Committee Chairman Chuck Grassley, revealing that a former FBI agent, Timothy Thibault, allegedly broke protocol and played a critical role in opening and advancing the bureau’s original investigation related to the 2020 election, tying President Donald Trump to the probe without sufficient predication. 

Bove's memo also comes a day after President Trump's nominee to lead the bureau, Kash Patel, testified during his confirmation hearing before the Senate Judiciary Committee. 

Trump and allies have maintained the law enforcement agency was weaponized against him and conservatives across the nation. 

The House Judiciary Committee, for months, investigated the FBI for the creation of a memo targeting Catholics and parents at school board meetings during the COVID-19 pandemic. 

President Trump on Friday evening denied any involvement in the DOJ directive. 

"We have some very bad people over there," Trump said Friday. "They came after a lot of people like me, but they came after a lot of people. No, I wasn't involved in that.

"I'll have to see what is exactly going on after this is finished," he added. "But if they fired some people over there, that's a good thing, because they were very bad. They were very corrupt people, very corrupt, and they hurt our country very badly with the weaponization. They used, they used the Justice Department to go after their political opponent, which in itself is illegal. And obviously it didn't work."

Anti-Trump FBI agent responsible for opening Jack Smith elector case against president: whistleblower

30 January 2025 at 08:53

EXCLUSIVE: WASHINGTON — A previously identified anti-Trump FBI agent allegedly broke protocol and played a critical role in opening and advancing the bureau’s original investigation related to the 2020 election, tying President Donald Trump to the probe without sufficient predication, whistleblower disclosures obtained by Sen. Chuck Grassley, R-Iowa, revealed. 

That investigation into Trump was formally opened by the FBI on April 13, 2022, and was known inside the bureau as "Arctic Frost," Fox News Digital has learned. 

EX-FBI OFFICIAL WHO SHUT DOWN HUNTER BIDEN LINES OF INVESTIGATION VIOLATED HATCH ACT WITH ANTI-TRUMP POSTS 

Grassley, chair of the Senate Judiciary Committee, and Sen. Ron Johnson, R-Wis., Permanent Subcommittee on Investigations chair, shared internal FBI emails and predicating documents — legally protected whistleblower disclosures — exclusively with Fox News Digital. 

The senators say the documents prove the genesis of the federal election interference case brought against Trump began at the hands of FBI Assistant Special Agent in Charge Timothy Thibault. 

Fox News Digital exclusively reported in 2024 that Thibault had been fired from the FBI after he violated the Hatch Act in his political posts on social media. Previous whistleblowers claimed that Thibault had shown a "pattern of active public partisanship," which likely affected investigations involving Trump and Hunter Biden. 

Grassley first publicly revealed the existence of the whistleblower disclosures during the Senate Judiciary Committee’s confirmation hearing for Trump’s nominee to serve as FBI director, Kash Patel, on Thursday. 

One email, obtained and reviewed by Fox News Digital, revealed Thibault communicating with a subordinate agent on Feb. 14, 2022. 

Thibault said: "Here is draft opening language we discussed," and attached material that would later become part of Special Counsel Jack Smith’s elector case. 

Another email, sent by Thibault on Feb. 24, 2022, to a prosecutor in the U.S. Attorney’s Office for the District of Columbia, John Crabb, states: "I had a discussion with the case team and we believe there to be predication to include former President of the United States Donald J. Trump as a predicated subject." 

Sources told Fox News Digital, though, that Thibault took the action to open the investigation and involve Trump, despite being unauthorized to open criminal investigations in his role — only special agents have the authority to open criminal investigations. 

Another email, sent on the same day, notes that he would seek approval from Attorney General Merrick Garland and FBI Director Christopher Wray to open the case. 

Next, an email on Feb. 25, 2022, sent by a subordinate agent, Michelle Ball, to Thibault states that they added Trump and others as a criminal subject to the case. 

Thibault responded: "Perfect." 

The fifth email, reviewed by Fox News Digital, reveals Thibault emailing a version of an investigative opening for approval. However, this email did not include Trump as a criminal subject. 

The sixth email, from April 11, 2022, shows Thibault approving the opening of Arctic Frost, and the next email, on April 13, 2022, was from an FBI agent to Thibault stating that the FBI deputy director approved its opening. 

Another email reviewed by Fox News Digital shows Thibault emailing DOJ official Crabb notifying him that the elector case was approved. 

Crabb responded, "Thanks a lot. Let’s talk next week."

"Between March 22 and April 13, other versions of the document opening the investigation existed, because a ninth email shows that the FBI General Counsel’s office made edits on March 25," Grassley said during Patel's confirmation hearing Thursday. "Was Trump still removed as an investigative subject?  If so, which Justice Department and FBI officials — other than Jack Smith — later added him for prosecution?" 

The email records appear to show that an official in the Justice Department's Public Integrity Section, Richard Pilger, reviewed and approved the FBI’s Arctic Frost investigation, authorizing the DOJ to move forward with a full field criminal and grand jury investigation that ultimately transformed into Smith's Trump-elector case. 

Grassley, in 2021, published a report which raised concerns regarding Pilger’s record at the DOJ.

Fox News Digital first reported in July 2022 that Grassley warned Attorney General Merrick Garland that Thibault and Pilger were "deeply involved in the decisions to open and pursue election-related investigations against President Trump."

GRASSLEY PRESSES DOJ, FBI FOR TRANSPARENCY ON 'PARTISAN' POLITICIZATION OF AGENCIES, HUNTER BIDEN PROBE

At the time, whistleblowers told Grassley that the Thibault-Pilger investigation's predicating document was based on information from "liberal nonprofit American Oversight." 

In the investigation’s opening memo sent to the upper levels of the DOJ for approval, however, whistleblowers claimed Thibault and Pilger "removed or watered-down material connected to the aforementioned left-wing entities that existed in previous versions and recommended that a full investigation — not a preliminary investigation — be approved."

Based on Smith’s scope memo, Grassley and Johnson, in 2022, wrote that the Thibault-Pilger investigation was included in the special counsel’s jurisdiction.

They also pointed out that Smith had a prior relationship with Pilger. Smith was in charge of the DOJ’s Public Integrity Unit while Pilger was in charge of the Election Crimes Branch.

Grassley and Johnson, in 2022, began sounding the alarm that Special Counsel Jack Smith was "overseeing an investigation that was allegedly defective in its initial steps and an investigation which his former subordinate [Pilger] was involved in opening." 

Former Attorney General Merrick Garland appointed Smith, a former Justice Department official, as special counsel in November 2022. 

Smith, a former assistant U.S. attorney and chief to the DOJ's public integrity section, led the investigation into Trump's retention of classified documents after leaving the White House and whether the former president obstructed the federal government's investigation into the matter. 

HOUSE WEAPONIZATION PANEL RELEASES 17,000-PAGE REPORT EXPOSING 'TWO-TIERED SYSTEM OF GOVERNMENT'

Smith also was tasked with overseeing the investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.

Smith charged Trump in both cases, but Trump pleaded not guilty.

The classified records case was dismissed in July 2024 by U.S. District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was unlawfully appointed as special counsel. 

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Smith charged Trump in the U.S. District Court for Washington, D.C., in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request. 

Grassley, during the confirmation hearing on Thursday, said he is requesting "the production of all records on this matter to better understand the full fact pattern and whether other records exist." 

The FBI declined to comment. 

How Trump, AG Bondi can persuade Democrats to abandon lawfare

30 January 2025 at 04:00

On President Donald Trump’s first day back in office, he signed an executive order entitled "Ending the Weaponization of the Federal Government," responding to the Biden administration’s lawfare against him. Democrats still harshly criticize that E.O.

On Nov. 15, 2022, former President Donald Trump announced that he again was running for president. On Nov. 18, Attorney General Merrick Garland appointed Jack Smith as special counsel to investigate and prosecute Trump, a historical first because prosecuting a former president and the leading presidential candidate of the major opposition political party shattered two centuries of legal norms and tradition. 

Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, recently said that Biden’s "Justice Department’s infected with political decision-making, while its leaders refuse to acknowledge that reality."

Trump consistently and correctly criticized the Biden administration’s politicization and weaponization of government. He must now fundamentally choose whether to allow the Democrats’ wrongful lawfare against him to naturally end.

SHOULD PROSECUTORS BE PROSECUTED FOR THEIR LAWFARE CAMPAIGN AGAINST TRUMP?

Unfortunately, the Biden administration’s last-minute machinations, such as politicized special counsel reports and Biden’s blanket pardons for his family, friends and political allies, signal that Democrats likely will not stop lawfare and weaponization until they are turned against them. 

Biden’s statement accompanying his pardons showed that he knew lawfare was wrong: "baseless and politically motivated investigations wreak havoc on the lives, safety and financial security of targeted individuals and their families… being investigated or prosecuted can irreparably damage their reputations and finances."

If Democrats disavowed lawfare and committed to never doing it again, Biden’s last-minute pardons would have been unnecessary. Instead, they indicate that Democrats still want lawfare, expect tit-for-tat Republican-led investigations of Democrats, and anticipate that Trump perhaps will pardon his family, appointees and political supporters when he leaves office.

NEW YORK LEGAL LAWFARE CIRCUS AGAINST TRUMP IS CONSTITUTIONAL THREAT THAT MUST BE DISMISSED

Democrats recently signaled their commitment to lawfare when they attacked Pam Bondi during her confirmation hearings about "future weaponization" at DOJ. They intend to do the same at Kash Patel’s upcoming hearings for FBI director. 

Their questions followed Special Counsel Jack Smith’s pointless report, where he inaptly claimed that he would have convicted Trump for J6 but for the 2024 election. Smith is wrong because he ignored the Supreme Court’s Trump immunity case and cases such as Fischer, McDonnell, and Yates, all of which stripped away the heart of Smith’s charges. Ironically, Smith was the lead prosecutor in McDonnell; the Supreme Court ruled against him, 9-0.

Furthermore, Smith’s report futilely cited the Trump dissenting opinions and the lower courts’ denials of presidential immunity, even though the Supreme Court rejected them; this reveals Smith’s bias and poor legal judgment. 

THE PUBLIC REJECTED LAWFARE WHEN THEY RE-ELECTED TRUMP

Smith’s report implied that the Supreme Court was wrong: "no court had ever found that presidents are immune from criminal responsibility for their official acts, and no text in the Constitution explicitly confers such criminal immunity on the President." The Supreme Court, however, never before had to rule on presidential immunity because no DOJ ever prosecuted a former president.

Perhaps Smith takes comfort from legacy media outlets which supported him. For example, The Washington Post noted that Smith’s report "seems to make a point to offer a subtle but pretty unmistakable rebuke of the Supreme Court and its role in sparing Trump a possible conviction."  Smith’s duty as a special counsel, however, is to obey the Supreme Court, not ignore or "rebuke" it.

Customarily, special counsel reports are dry, boring, factual documents.  Smith filled his with politically tinged allegations that he cribbed from his indictments and the congressional J6 committee. 

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He so strenuously claimed that he and his office were "unbiased," "neutral," and "professional" such that he "doth protest too much, methinks" as per Shakespeare’s "Hamlet," Act 3, Scene 2. No previous special counsel felt the need to repeatedly declare his own fairness and disinterest; none ever prosecuted a former president and the leading candidate of the main opposition party.

Worse, Smith dropped an "October Surprise" when he filed a huge J6 court brief shortly before Election Day, one-sidedly reciting unflattering allegations against Trump. It wrongly claimed, among other things, that Trump directed "an angry mob to the United States Capitol to obstruct the congressional certification of the presidential election and then leverage rioters’ violence to further delay it" and that Trump "resorted to crimes."

Smith violated DOJ’s internal rules, which state that federal prosecutors "may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election or for the purpose of giving an advantage or disadvantage to any candidate or political party." 

It appears that Pam Bondi will be confirmed as attorney general. She and President Trump can right our DOJ and criminal justice system, but only if the Democrats admit that their lawfare and weaponizing the government were wrong and backfired on them. 

Sadly, it may be that Democrats have to be shown that investigations and prosecutions can descend on them just as easily as they did on Republicans in order to drive a stake into lawfare’s heart.

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The views expressed in this article are the writers' own.

Justice Department fires more than a dozen key officials on former Special Counsel Jack Smith's team

27 January 2025 at 14:26

EXCLUSIVE: The Justice Department is firing more than a dozen key officials who worked on Special Counsel Jack Smith’s team prosecuting President Donald Trump, after Acting Attorney General James McHenry said they could not be trusted in "faithfully implementing the president’s agenda," Fox News Digital has learned. 

McHenry has transmitted a letter to each official notifying them of their termination, a Justice Department official exclusively told Fox News Digital.

TRUMP TO TAKE MORE THAN 200 EXECUTIVE ACTIONS ON DAY ONE

It is unclear how many officials received that letter. The names of the individuals were not immediately released. 

"Today, Acting Attorney General James McHenry terminated the employment of a number of DOJ officials who played a significant role in prosecuting President Trump," a DOJ official told Fox News Digital. "In light of their actions, the Acting Attorney General does not trust these officials to assist in faithfully implementing the President’s agenda." 

This action "is consistent with the mission of ending the weaponization of government," the official told Fox News Digital.

The move comes after the Justice Department reassigned more than a dozen officials in the first week of the Trump administration to a Sanctuary City task force and other measures. 

DOJ RELEASES FORMER SPECIAL COUNSEL JACK SMITH'S REPORT ON INVESTIGATION INTO TRUMP ELECTION INTERFERENCE CASE

It also comes after Trump vowed to end the weaponization of the federal government. 

Former Attorney General Merrick Garland appointed Smith, a former Justice Department official, as special counsel in November 2022. 

Smith, a former assistant U.S. attorney and chief to the DOJ's public integrity section, led the investigation into Trump's retention of classified documents after leaving the White House and whether the former president obstructed the federal government's investigation into the matter. 

HOUSE WEAPONIZATION PANEL RELEASES 17,000-PAGE REPORT EXPOSING 'TWO-TIERED SYSTEM OF GOVERNMENT'

Smith was also tasked with overseeing the investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021. 

Smith charged Trump in both cases, but Trump pleaded not guilty.

The classified records case was dismissed in July 2024 by U.S. District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was unlawfully appointed as special counsel. 

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Smith charged Trump in the U.S. District Court for Washington D.C. in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request. 

Both cases were dismissed. 

Judge vacates order against J6 defendants, says they can visit US Capitol without seeking permission

27 January 2025 at 13:12

January 6 defendants who received commutations from President Donald Trump are free to visit the U.S. Capitol without receiving prior permission, a federal judge ruled Monday.

District Judge Amit Mehta issued the order in response to a petition from Trump's Justice Department. Some of the January 6 defendants had included a restriction on visiting the capitol as part of their sentences, and the DOJ requested that those requirements be removed.

Mehta declined to remove the restrictions from their sentencing documents, but acknowledged that the commutation from Trump means those restrictions will not be enforced.

"The U.S. Department of Justice's motion is granted in part and denied in part," Mehta wrote. "The court will not ‘dismiss’ the non-custodial portion of defendants' sentences, but defendants are no longer bound by the judicially imposed conditions of supervised release."

COMMUTED JAN. 6 DEFENDANTS BARRED FROM DC, CAPITOL BUILDING BY FEDERAL JUDGE

The reversal comes days after Mehta imposed the restriction on "Defendants Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moerchel, and Joseph Hacket," whose sentences were commuted. Those pardoned were not subject to the order.

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

NANCY PELOSI SLAMS TRUMP’S ‘SHAMEFUL’ PARDONS OF JAN. 6 DEFENDANTS

While pardons vacate a defendant's conviction, a commutation leaves the conviction in place while lessening the sentence. Mehta had argued that the language of Trump's pardon for the defendants in question had only applied to their terms of imprisonment, and not to the details of their supervised release.

DOJ CONSIDERS CHARGING 200 MORE PEOPLE 4 YEARS AFTER JAN. 6 CAPITOL ATTACK

Jonathan Turley, Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University, called the order "very unusual" when it came down last week.

"The judge is relying on the fact that the sentences were commuted, but the defendants did not receive full pardons," Turley told Fox News Digital.

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

DAs may try to charge Jan. 6 participants granted clemency by Trump with new crimes on state, local levels

27 January 2025 at 11:07

The ordeal may not be over for some of the more than 1,500 Jan. 6 criminal defendants granted clemency by President Donald Trump, as certain prosecutors are currently investigating whether some of the individuals — particularly those alleged to have committed violent crimes — could be charged at the state or local level.

That loophole was floated by Philadelphia District Attorney Larry Krasner, who told CNN that his office was looking into the possibility of bringing state election- or conspiracy-related charges against some of the Pennsylvania residents who were pardoned or saw their prison sentences commuted during the first week of the Trump presidency.

Krasner's office could theoretically take action against the more than 100 Pennsylvania residents who received full pardons or sentence commutations, including a Philadelphia-based Proud Boys leader who was sentenced to 15 years in prison on charges of seditious conspiracy and another Pittsburgh-area man sentenced to 14 years in prison for indiscriminately spraying pepper spray at police officers, throwing a folding chair at officers and wielding a large wooden "tire thumper," according to the Justice Department.

Krasner declined to detail further how, or if, his office will move on the state charges, and his office did not respond to several requests for comment from Fox News Digital.

However, Krasner maintained that in his view, "there is a path" for charging Jan. 6 individuals — and not just those living in the Keystone State.

AN 'ILLEGAL LOTTERY': PHILADELPHIA DA SUES TO STOP MUSK'S $1 MILLION VOTER GIVEAWAYS

Trump's decision to sign a sweeping act of clemency freed more than 1,500 individuals that were charged in connection with the Jan. 6, 2021 U.S. Capitol breach. More than 100 police officers were injured, according to officials, and the incident ultimately sparked the largest FBI investigation in the bureau's history.  

"In many cases, it will be possible to go after people who have been federally pardoned," Krasner told CNN Thursday.

"The focus for most state prosecutors should be what occurred within their jurisdiction," he said. "Texting, phone calls, emails, reservations for transportation or hotels. Conspiratorial activity could give rise to a local charge — meaning a state charge — of criminal conspiracy." 

'BLATANTLY UNCONSTITUTIONAL': US JUDGE TEMPORARILY BLOCKS TRUMP'S BAN ON BIRTHRIGHT CITIZENSHIP

Legal hurdles, "double jeopardy" concerns 

Still, that is not to say that the strategy is without significant hurdles.

Former prosecutors told Fox News Digital that those looking to bring state charges against Jan. 6 rioters will almost certainly find themselves mired in a complex legal minefield.

The difficulty of securing state convictions has nothing to do with the seriousness of the crimes committed by the Jan. 6 rioters — which range from charges of seditious conspiracy and conspiracy to obstruct an official proceeding to assault and assault against police officers — but rather, jurisdictional issues and wide double jeopardy protections.

Here, the facts are especially complex, since both Washington, D.C., and U.S. Capitol grounds fall under federal court jurisdiction, former U.S. prosecutor Andrew McCarthy explained in a Thursday message to Fox News Digital. 

This means any conspiracy to commit a crime would inherently be at the federal level — a complex catch-22 that would be difficult for state prosecutors to isolate in court.

WORLD LEADERS REACT AS TRUMP RE-ENTERS THE WHITE HOUSE

State prosecutors also have a very narrow scope in trying to prove new criminal action. 

That is because they must do so while respecting the broad double jeopardy protections included in the U.S. Constitution, which prevent individuals from being tried for the same case twice. It also is taken to mean that they cannot be tried twice for the same conduct. 

In fact, for state prosecutors to bring charges against an individual, they must prove successive actions are focused on remedying a "very different kind of harm or evil" than the federal charges, and it is unclear whether states will be able to meet that burden of proof. 

McCarthy and other lawyers pointed to the 2019 decision by a New York judge who cited the double jeopardy clause as the rationale for tossing a 16-count indictment state prosecutors brought against Paul Manafort, Trump's former campaign chairman, ruling that the conduct was not sufficiently different. 

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It is unclear how, or if, any charges brought by state prosecutors could satisfy the test of proving a "very different kind of harm or evil" — but Krasner, a self-proclaimed Democrat who has spent more than 20 years as a prosecutor, said he believes so. 

He is not the only one sharing that sentiment. Aria Branch, a partner at the Democrat-aligned Elias Law Group told Fox News Digital in an emailed statement Friday that it is the belief that "any individuals who committed crimes that day should be held accountable." 

"If any of the rioters may have violated state laws, it is up to state and local law enforcement officials to review the facts and bring charges as appropriate," Branch said. "The rule of law must be upheld, regardless of President Trump’s political incentives."

TRUMP DHS REPEALS KEY MAYORKAS MEMO LIMITING ICE AGENTS, ORDERS PAROLE REVIEW 

Meanwhile, Republicans were forced to toe a delicate line in the aftermath of Trump's pardons — facing tough questions as to what the clemency orders meant for a party that has long been seen as one that "backs the blue" and supports police officer protections.

Vice President JD Vance used an interview on CBS News on Sunday to accuse former Attorney General Merrick Garland of applying "double standards in how sentences were applied to the J6 protesters, versus other groups," in an attempt to soften his earlier remarks.

Vance, a former U.S. senator, previously told Fox News that Jan. 6 participants who committed violence "obviously" should not be pardoned.

Meanwhile, House Speaker Mike Johnson, R-La., told reporters Wednesday "the president has made his decision." "I don’t second-guess those," Johnson said. 

Others were more direct in their criticism.

Sen. Lisa Murkowski, R-Ala., told reporters that she was "disappointed to see" the decision to pardon violent offenders, including those who were convicted of violence against police officers. 

"I do fear the message that is sent to these great men and women that stood by us," she said.

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

"Let's be clear, President Trump didn't just pardon protesters," Schumer said. "He pardoned individuals convicted of assaulting police officers. He pardoned individuals convicted of seditious conspiracy. And he pardoned those who attempted to undermine our democracy." 

More than 200 people were in the custody of the federal Bureau of Prison system prior to Trump's pardon. By Tuesday morning, all of them had been released, officials told The Associated Press.

Ed Martin, a defense attorney who represented three men charged in the Jan. 6 riots, was recently appointed as the acting U.S. attorney for the District of Columbia. 

Martin filed a motion Friday to remove all remaining conditions imposed on commuted Jan. 6 defendants, including restrictions that barred certain individuals from entering Washington, D.C., or the U.S. Capitol building.

Pro-life activist prosecuted by Biden DOJ reacts to Trump pardon: 'I want to give him a hug'

24 January 2025 at 13:28

FIRST ON FOX: When Joan Bell, 76, was given the news she was one of the pro-life activists pardoned by President Donald Trump Thursday afternoon, she was in disbelief.

"I didn't know if that meant we would get out in a few weeks or a few months, or what. I didn't really know, but I knew we got pardoned," Bell, a grandmother of eight, told Fox News Digital Friday. "Well, then I ran upstairs because I had a rosary every evening."

After finishing her prayers and Bible study with other inmates, Bell, a lifelong pro-life advocate, was told by several other inmates that her husband, Christopher Bell, was on Laura Ingraham's Fox News show saying she was indeed one of the 23 others pardoned.

PRO-LIFE PROTESTERS COULD FACE UP TO 10 YEARS IN PRISON: ‘POLITICAL WITCH HUNT’

"That was overwhelmingly beautiful," Bell recalled. "Everyone was clapping." She was then told by a guard to pack up her things for her release later that evening. 

"We are so grateful to Trump. And to just feel the fresh air, God's beautiful air, just wonderful," Bell said. "Just being out and being with my husband, my son, just glorious. There are no words to describe that kind of freedom." 

She added that she and her husband will take a "second honeymoon" soon. 

Bell, who lives in New Jersey, was sentenced to more than two years in prison in November 2023 for participating in a "blockade," conspiring with other activists at a Washington D.C. abortion clinic in October 2020, according to President Biden's Department of Justice (DOJ). 

PRO-LIFE ACTIVISTS FOUND GUILTY ON CONSPIRACY CHARGES FOR 2020 'RESCUE ACTION' AT DC CLINIC

Prosecutors from the DOJ's Civil Rights Division and U.S. attorney's office for the District of Columbia argued the pro-life activists violated the 1994 FACE Act, a federal law that prohibits physical force, threats of force or intentionally damaging property to prevent someone from obtaining or providing abortion services.

The activists were sentenced by Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia, a Clinton appointee, and immediately detained.

While signing the pardons Thursday, just a day before Friday's annual March for Life rally, Trump said, "They should not have been prosecuted." 

PRO-LIFE PROTESTERS PARDONED BY TRUMP, FOX CONFIRMS

"Many, many of them are elderly people," Trump said in the Oval Office. "They should not have been prosecuted. This is a great honor to sign this. They'll be very happy."

Bell, along with Paula Paulette Harlow, Jean Marshall and John Hinshaw, were all around 70 years old when they were imprisoned.

"That he personally knew our case is so touching," Bell said of Trump. "I want to give him a hug."

Attorneys from the Thomas More Society formally requested pardons from the Trump administration earlier this month for the 21 pro-life advocates the law firm was representing. 

"The heroic peaceful pro-lifers unjustly imprisoned by Biden’s Justice Department will now be freed and able to return home to their families, eat a family meal and enjoy the freedom that should have never been taken from them in the first place," Steve Crampton, senior counsel of the Thomas More Society, said in a statement. 

"These heroic peaceful pro-lifers were treated shamefully by Biden’s DOJ, with many of them branded felons and losing many rights that we take for granted as American citizens."

In a previous interview with Fox News Digital, Crampton said it was hard to find a "fair jury" and that most of the jurors were either Planned Parenthood donors or pro-choice advocates in the cases. He called Washington, D.C., the "most pro-abortion city in America." 

"She can say her pro-death words, but we weren't allowed to say pro-life words," Bell said of the judge in the trial. Nonetheless, she said it was more "heartbreaking" to be prosecuted for her religious beliefs.

This week, Trump also took action to pardon over 1,000 Jan. 6 rioters who were imprisoned, along with numerous other executive orders related to immigration and cryptocurrency and orders to declassify the MLK and JFK files.

Fox News Digital has reached out to the DOJ's Civil Rights Division for comment. 

Trump hiring freeze prompts DOJ to pull job offers in AG's honors program: report

24 January 2025 at 09:57

The Department of Justice is rescinding job offers for the Attorney General’s Honors Program amid President Donald Trump’s federal hiring freeze, according to a new report. 

The Attorney General’s Honors Program, established in 1953, hires graduating law students or recent law school graduates from top law schools such as Harvard, Duke, Georgetown, Stanford and the University of Virginia. 

But the Department of Justice notified those who had been selected for the program, which serves as a pipeline to recruit top legal talent into the public sector, that their offers were being revoked, several people familiar with the decision told the Washington Post

CAREER JUSTICE DEPARTMENT OFFICIALS REASSIGNED TO DIFFERENT POSITIONS: REPORTS

The Department’s Office of Attorney Recruitment and Management distributed an email to those affected via email on Wednesday. 

"Pursuant to the hiring freeze announced Jan. 20, 2025, your job offer has been revoked," said the email," according to an email the Post obtained. 

Those familiar with the program said it may take on more than 100 lawyers annually, with recent hires assigned to the antitrust, national security, criminal and other divisions. 

They told the Post that the program is critical in recruiting new top talent to the Justice Department in order to replace outgoing legal talent. The two-year program places young attorneys on a career path to stay at the Department once the program concludes. 

DEPARTMENT OF JUSTICE FREEZES ALL CIVIL RIGHTS DIVISION CASES: REPORT

The Post reports that it is uncertain whether the program will resume once federal hiring starts again. 

The Department of Justice did not immediately respond to a request for comment from Fox News Digital. 

Trump signed a series of executive orders on Inauguration Day this week, including those initiating the federal hiring freeze as well as withdrawing the U.S. from the Paris climate agreement, and directing every department and agency to address the cost-of-living crisis.

DOJ RACING THE CLOCK TO ENSHRINE ‘WOKE’ POLICING RULES, LAWYER SAYS, AS JUDGE HEARS BREONNA TAYLOR REFORM CASE

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"As part of this freeze, no Federal civilian position that is vacant at noon on January 20, 2025, may be filled, and no new position may be created except as otherwise provided for in this memorandum or other applicable law," a White House memo said. "Except as provided below, this freeze applies to all executive departments and agencies regardless of their sources of operational and programmatic funding."

Those exempt from the hiring freeze include military personnel and other federal jobs pertaining to immigration, national security or public safety. 

11 Dem state AGs criticize 'vague' threats over prosecution for noncompliance with immigration enforcement

23 January 2025 at 17:19

Eleven Democratic states on Thursday issued a statement criticizing the "vague" threats from the Trump administration related to possible prosecutions for not complying with immigration enforcement

The statement was signed by state attorneys general from California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Mexico, New York, Rhode Island and Vermont.

It addressed a recent Justice Department memo directing federal prosecutors to investigate state and local officials who refuse to enforce President Donald Trump's immigration policies, including hs mass deportation plans. 

TRUMP'S ICE RACKS UP HUNDREDS OF ARRESTS, INCLUDING ILLEGAL IMMIGRANTS ARRESTED FOR HORROR CRIMES

"Right now, these vague threats are just that: empty words on paper," the statement said. "But rest assured, our states will not hesitate to respond if these words become illegal actions."

In the memo, Acting Deputy Attorney General Emil Bove, Trump's former defense attorney, said that "federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests, pursuant to, for example, the President's extensive Article II authority with respect to foreign affairs and national security, the Immigration and Nationality Act, and the Alien Enemies Act." 

‘PROMPT REMOVAL’: TRUMP DHS EXPANDS EXPEDITED DEPORTATION POWERS AS OPERATIONS RAMP UP

Bove said U.S. attorneys offices "and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution, including for obstructing federal functions in violation of federal statutes."

The attorneys general cited Printz v. United States, saying the federal government can't force local or state authorities to carry out immigration actions. 

"Despite what he may say to the contrary, the President cannot unilaterally re-write the Constitution," they wrote. 

"The President has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect."

Fox News Digital's Jake Gibson, David Spunt and Danielle Wallace contributed to this report.

Nancy Pelosi slams Trump’s ‘shameful’ pardons of Jan 6 defendants

20 January 2025 at 20:36

Former Speaker of the House Nancy Pelosi, D-Calif., slammed President Trump on Monday night for pardoning more than 1,000 people involved in the Jan. 6, 2021, riots. 

Trump signed pardons for approximately 1,500 defendants who were charged with crimes stemming from the riot at the U.S. Capitol, fulfilling a promise he made in December to act quickly and pardon them. 

Trump also commuted the sentences of six people on Monday, including the leaders of the Oath Keepers and Proud Boys extremist groups.

BIDEN TAKES DEPARTING JAB AT TRUMP, SAYS HE WAS ‘GENUINE THREAT TO DEMOCRACY’

But Pelosi called the move "shameful" and said to remember the "courage" of law enforcement "heroes" who "ensured that democracy survived."

"The President's actions are an outrageous insult to our justice system and the heroes who suffered physical scars and emotional trauma as they protected the Capitol, the Congress and the Constitution," Pelosi, who didn’t attend Trump’s inauguration on Monday, said in a statement posted to X.

"It is shameful that the President has decided to make one of his top priorities the abandonment and betrayal of police officers who put their lives on the line to stop an attempt to subvert the peaceful transfer of power," Pelosi wrote.

DOJ SEEKS TO BLOCK JAN. 6 DEFENDANTS FROM ATTENDING TRUMP INAUGURATION 

The Justice Department reported that approximately 140 police officers were assaulted during the Capitol riot on Jan. 6, 2021. That included law enforcement members from both the U.S. Capitol Police and about 60 from the Metropolitan Police Department.

Trump announced earlier on Monday at his inaugural parade at the Capital One Arena in Washington, D.C., he would issue pardons for the "hostages."

"Tonight I'm going to be signing on the J6 hostages, pardons to get them out," Trump said at the parade at Capital One Arena. "I'm going to the Oval Office, and we'll be signing pardons for a lot of people."

So far, judges or a jury after a trial have convicted roughly 250 people who faced charges for their involvement in the riot, and more than 1,000 had pleaded guilty to crimes as of January.

The Associated Press contributed to this report.

Trump pardons nearly all Jan. 6 defendants on inauguration day

20 January 2025 at 20:18

President Donald Trump pardoned nearly all Jan. 6 defendants on Monday night, after promising at his inaugural parade to sign an executive order on the matter. 

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

"Tonight I'm going to be signing on the J6 hostages, pardons to get them out," Trump said at the parade at Capital One Arena in Washington. "I'm going to the Oval Office and we'll be signing pardons for a lot of people."

Those pardoned include Enrique Tarrio, the former Proud Boys chairman, who faced a sentence of 22 years in prison for seditious conspiracy. Tarrio's attorney told the Associated Press he expects Tarrio to face release Monday evening. 

Trump previously promised that he would be "acting very quickly" on his first day in office to pardon to the so-called "hostages."  

TRUMP TO DEPLOY MILITARY TO BORDER, END BIDEN PAROLE POLICIES IN FLURRY OF DAY ONE EXECUTIVE ORDERS

Former Speaker of the House Nancy Pelosi, D-Calif., called Trump's pardon "shameful," and said to remember the "courage" of law enforcement "heroes" who "ensured that democracy survived." 

"The President's actions are an outrageous insult to our justice system and the heroes who suffered physical scars and emotional trauma as they protected the Capitol, the Congress and the Constitution," Pelosi, who didn’t attend Trump’s inauguration Monday, said in a statement posted to X, formerly known as Twitter. 

"It is shameful that the President has decided to make one of his top priorities the abandonment and betrayal of police officers who put their lives on the line to stop an attempt to subvert the peaceful transfer of power," Pelosi said. 

The pardon was one of more than 200 executive orders Trump was expected to sign on Inauguration Day. Other directives he signed on Monday include withdrawing the U.S. from the Paris climate agreement that the U.S. initially entered under former President Barack Obama’s administration in 2015. 

Trump previously withdrew the U.S. from the agreement during his first term in 2020. 

TRUMP TO TAKE MORE THAN 200 EXECUTIVE ACTIONS ON DAY ONE

On Monday morning, then-President Joe Biden issued a series of pardons just hours before Trump’s swearing in at the U.S. Capitol. Those pardoned by Biden include former chair of the Joint Chiefs of Staff, retired Gen. Mark Milley, whom Trump has accused of committing treason. Others Biden pardoned were those involved in the Jan. 6 Select Committee investigation that conducted a probe into the attack. 

"The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense," Biden said in a statement. "Our nation owes these public servants a debt of gratitude for their tireless commitment to our country."

Fox News’ Anders Hagstrom and Brooke Singman contributed to this report. 

Trump failed to deliver 'Day 1' promise to grant clemency to Ross Ulbricht, founder of Silk Road

21 January 2025 at 03:27

President Trump did not pardon or commute the prison sentence of Ross Ulbricht, the founder of the anonymous marketplace website Silk Road, despite his promise on the campaign trail to free him on "day one."

Ulbricht was convicted because his website, which was founded in 2011 and used cryptocurrency for payments, was used to sell illegal drugs, even though he did not sell any of the illicit substances himself.

After being sworn into office on Monday, Trump issued several executive actions, including efforts to reduce immigration, designating cartels as foreign terrorist organizations, a move to resume federal executions and pardoning or commuting sentences to time served of people convicted in the Jan. 6, 2021, Capitol riot.

But Trump's first day back in the White House came to an end with Ulbricht still behind bars without a pardon or commutation from the president, who pledged to do so last spring.

TRUMP VOWS TO COMMUTE PRISON SENTENCE OF SILK ROAD FOUNDER ROSS ULBRICHT

In May, Trump delivered a speech at the Libertarian National Convention to a hostile crowd of boos in an attempt to win over Libertarian voters. Libertarians believe government investigators overreached in their case against Silk Road and generally oppose the War on Drugs.

While the attendees were not favorable to Trump for most of the event, they did give a big cheer when he said he would commute Ulbricht's sentence to time served, as the crowd chanted "Free Ross" in the hopes that the then-presidential candidate would take action if elected to allow the Silk Road founder to return home to his family after more than a decade behind bars.

"If you vote for me, on day one I will commute the sentence of Ross Ulbricht, to a sentence of time served. He’s already served 11 years. We’re going to get him home," Trump told the crowd of Libertarians, many of whom were holding signs that read "Free Ross."

Ulbricht reacted to Trump's comments the following day on the social media platform X.

"Last night, Donald Trump pledged to commute my sentence on day 1, if reelected," he wrote. "Thank you. Thank you. Thank you. After 11 years in prison, it is hard to express how I feel at this moment. It is thanks to your undying support that I may get a second chance."

Last month, Ulbricht wrote: "For my last monthly resolution of 2024, I intend to study every day and to get up to speed as much as I can as I prepare for freedom."

Trump later reiterated his promise to commute Ulbricht's life sentence at a bitcoin conference, which he received loud cheers for.

Despite Trump failing to deliver on his promise to free Ulbricht on his first day back in office, the president reportedly may still grant him clemency as early as Tuesday.

"Pres. Trump's staff just confirmed to me Ross's pardon will be issued late tonight or tomorrow morning," Libertarian Party chair Angela McArdle wrote Monday night on X.

Elon Musk, who serves in the newly formed Department of Government Efficiency in the Trump administration, also said Ulbricht would be released soon.

"Ross will be freed," Musk wrote on X.

Many Libertarians have said they supported Trump in November's election, citing, in part, his commitment to free Ulbricht.

TRUMP PARDONS NEARLY ALL 1/6 DEFENDANTS

During his first term, Trump considered intervening to release Ulbricht before ultimately deciding against a pardon.

Ulbricht, now 40, operated the website from 2011 until his arrest in 2013. He was sentenced two years later to life in prison.

"I was trying to help us move toward a freer and more equitable world," Ulbricht said from prison in 2021. "We all know the road to hell is paved with good intentions, and now here I am. I'm in hell."

"Trump is done signing EOs and pardons for the night," 2024 Libertarian presidential candidate Chase Oliver wrote on X. "Hopefully, we will see a #FREEROSSULBRICHT commutation in the morning."

Social media gives AG Garland a rough send-off as video of him leaving DOJ goes viral

18 January 2025 at 15:04

Social media users laid into U.S. Attorney General Merrick Garland after video of him leaving the Department of Justice in celebratory fashion went viral online.

A DOJ video depicted Garland exiting the department Friday to cheers and applause from department staffers and other government officials who had lined the halls to see him off. However, critics of the attorney general gave him quite a different reception on X, formerly Twitter.

"Good riddance, Merrick Garland — you pathetic hack. @PamBondi will finally restore dignity to the DOJ. MAGA!" RNC Research wrote on X.

CLICK HERE FOR MORE COVERAGE OF MEDIA AND CULTURE

The embattled attorney general was a regular target of conservatives and GOP leaders who called him corrupt throughout the four years of the Biden administration. 

Critics accused Garland of weaponizing the department against President-elect Donald Trump after the official launched an investigation into Trump’s handling of classified records that included a raid of Mar-a-Lago. Garland admitted he "personally approved" the raid.

Conservatives have grilled Garland over his department’s treatment of Catholics in multiple instances — one being where GOP lawmakers accused the DOJ of refusing to "bring justice" after attacks on Catholic churches.

Garland was also grilled at a congressional hearing over Catholics being allegedly targeted by the FBI. 

Conservatives went after the attorney general in 2021 after he directed the FBI and U.S. attorney offices to hold meetings with federal, state and local law enforcement leaders about ways to combat what the DOJ called an "increase in harassment, intimidation and threats of violence against school board members, teachers and workers in our nation’s public schools" coming from parents.

Prominent conservatives on X apparently had not forgotten his record in their responses to the clip. 

Rep. Byron Donalds, R-Fla., condemned Garland’s record, posting, "Merrick Garland has left @TheJusticeDept for the FINAL TIME. His DOJ attacked concerned parents. His DOJ attacked religious Catholics. His DOJ attacked political opponents. His DOJ was unprecedentedly weaponized. This disgraceful era of brazen political lawfare is FINALLY OVER."

Republican communications adviser Matt Whitlock called Garland, "One of the greatest disappointments in recent political history."

He added, "Garland went from Chief on the DC Circuit to lawless political hack for the dark money groups that controlled the Biden White House. The guy sent the FBI after parents for speaking out at school board meetings."

PURPORTED FBI DOCUMENT SUGGESTS AGENCY MAY BE TARGETING CATHOLICS WHO ATTEND LATIN MASS

Gov. Ron DeSantis, R-Fla., press secretary Jeremy Redfern savaged the attorney general, posting, "Never thought we’d see someone do more damage to the credibility of the DoJ than Eric Holder, but then Merrick Garland happened."

Rep. Kevin Hern, R-Okla., condemned the official, stating, "Merrick Garland presided over the wicked weaponization of the federal government against the American people. He has caused irreparable damage to the institution. Good riddance."

Conservative columnist Tim Young decried the DOJ staffers for applauding Garland in the video of his exit. 

"Fire every single one of the DOJ staff applauding Merrick Garland. If you can cheer for him, you should have ZERO influence on the justice system in this country once Trump takes office," he wrote. 

The Federalist CEO Sean Davis went after the applauding staffers as well, saying, "Identify and fire everyone in the photos applauding Garland or crying about his exit."

The Babylon Bee managing editor Joel Berry agreed with Davis, replying, "Just fire all of them. Empty it out completely."

Fox News Digital has reached out to Garland for comment. 

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