Special counsel Jack Smith asks court to halt his appeal against Trump in Florida case
Special counsel Jack Smith is asking an appeals court to halt his appeal against President-elect Trump for his alleged mishandling of classified and top-secret documents at his Mar-a-Lago estate in Florida. Smith did the same in the D.C. election interference case last week. The news comes after Fox News confirmed that Smith will be stepping down before Trump takes office. This is a developing story. Please check back for updates.
Warring GOP factions strike deal to raise threshold to oust a House speaker
House Republicans have reached an agreement on raising the motion to vacate threshold. Currently, House GOP Conference rules dictate that just one lawmaker is needed to call for a motion to vacate the chair, which would trigger a chamber-wide vote on removing the speaker. But the deal, brokered during a meeting hosted by Speaker Mike Johnson, R-La., and involving lawmakers from the ultra-conservative House Freedom Caucus and the pragmatic Main Street Caucus, would raise the one-person threshold to nine. JOHNSON BLASTS DEM ACCUSATIONS HE VOWED TO END OBAMACARE AS ‘DISHONEST’ In exchange, Main Street Caucus members agreed to withdraw several proposed changes to House GOP rules that would have punished Republicans who vote against the will of the majority. The one-person threshold was part of a deal that ex-Speaker Kevin McCarthy, R-Calif., struck with conservatives in January 2022 in order to win the gavel. That eventually came back to haunt him when Rep. Matt Gaetz, R-Fla., triggered the vote that ultimately led to his ouster by all House Democrats and eight Republicans in October 2023. It’s also been a threat over Johnson’s head since he took over for McCarthy. Rep. Marjorie Taylor Greene, R-Ga., notably triggered a vote to oust Johnson using the same rule in March. Enough House Democrats helped Republicans block the House-wide vote, however, by voting to “table” it indefinitely. HOUSE LEADERS MOVE QUICKLY TO CONSOLIDATE POWER IN SHOW OF CONFIDENCE FOR REPUBLICAN MAJORITY House Freedom Caucus Chairman Andy Harris, R-Md., and Main Street Caucus Chairman Dusty Johnson, R-S.D., confirmed the deal in brief comments to reporters on Wednesday evening. ” This started because Dr. Harris reached out this morning. He said, ‘Listen, we’ve got to cut a deal. We need to come together.’ Unity is important,” Johnson said. “We spent more than an hour together. We made good progress. We understood that we had an opportunity to set the motion to vacate at a higher number…the motion to vacate will be set at nine, and in return for getting rid of some amendments that probably would have divided this conference.” The Main Street Caucus chair said Harris “did a good job of explaining to mainstream leadership why those amendments would have divided the Republican conference.” Moderate and rank-and-file Republicans have been pushing to raise the threshold since late last year, arguing it would just continue to fuel chaos within the House GOP. But GOP hardliners insisted it empowered members who were not in House Republican leadership. A fifth person who spoke with Fox News Digital stressed the deal was tentative, categorizing it as a “proposed” deal and adding, “It isn’t over until it is.” House Republicans are expected to vote on proposed changes to their conference rules on Thursday. DEMS PRIVATELY FRET ABOUT LOSING HOUSE AFTER GOP VICTORY IN WHITE HOUSE, SENATE The news comes just after Johnson won a unanimous vote by House Republicans to be their speaker again, two more sources told Fox News Digital. CLICK HERE TO GET THE FOX NEWS APP Conservative critics of Johnson’s handling of foreign aid and government spending had threatened to delay his victory by forcing a secret ballot vote rather than awarding him unanimous consent. But they appeared to back off from that threat after the meeting, which delayed leadership elections by roughly an hour and a half. Fox News Digital reached out to Johnson’s office for comment.
Warring GOP factions strike deal to raise threshold to oust a House speaker, sources say
House Republicans have reached an agreement on raising the motion to vacate threshold, four people familiar with the discussion told Fox News Digital. Currently, House GOP Conference rules dictate that just one lawmaker is needed to call for a motion to vacate the chair, which would trigger a chamber-wide vote on removing the speaker. But the deal, brokered during a meeting hosted by Speaker Mike Johnson, R-La., and involving lawmakers from the ultra-conservative House Freedom Caucus and the pragmatic Main Street Caucus, would raise the one-person threshold to nine. JOHNSON BLASTS DEM ACCUSATIONS HE VOWED TO END OBAMACARE AS ‘DISHONEST’ In exchange, Main Street Caucus members agreed to withdraw several proposed changes to House GOP rules that would have punished Republicans who vote against the will of the majority, the sources said. The one-person threshold was part of a deal that ex-Speaker Kevin McCarthy, R-Calif., struck with conservatives in January 2022 in order to win the gavel. That eventually came back to haunt him when Rep. Matt Gaetz, R-Fla., triggered the vote that ultimately led to his ouster by all House Democrats and eight Republicans in October 2023. It’s also been a threat over Johnson’s head since he took over for McCarthy. Rep. Marjorie Taylor Greene, R-Ga., notably triggered a vote to oust Johnson using the same rule in March. Enough House Democrats helped Republicans block the House-wide vote, however, by voting to “table” it indefinitely. HOUSE LEADERS MOVE QUICKLY TO CONSOLIDATE POWER IN SHOW OF CONFIDENCE FOR REPUBLICAN MAJORITY Moderate and rank-and-file Republicans have been pushing to raise the threshold since late last year, arguing it would just continue to fuel chaos within the House GOP. But GOP hardliners insisted it empowered members who were not in House Republican leadership. A fifth person who spoke with Fox News Digital stressed the deal was tentative, categorizing it as a “proposed” deal and adding, “It isn’t over until it is.” House Republicans are expected to vote on proposed changes to their conference rules on Thursday. DEMS PRIVATELY FRET ABOUT LOSING HOUSE AFTER GOP VICTORY IN WHITE HOUSE, SENATE The news comes just after Johnson won a unanimous vote by House Republicans to be their speaker again, two more sources told Fox News Digital. CLICK HERE TO GET THE FOX NEWS APP Conservative critics of Johnson’s handling of foreign aid and government spending had threatened to delay his victory by forcing a secret ballot vote rather than awarding him unanimous consent. But they appeared to back off from that threat after the meeting, which delayed leadership elections by roughly an hour and a half. Fox News Digital reached out to Johnson’s office for comment.
Trump plans to shift school funding control to local communities, has yet to pick DOE secretary
President-Elect Donald Trump has proposed a dramatic shakeup in American education: “disbanding” or drastically reducing the power of the Department of Education (DOE), a move that would shift control and funding of public schools back to local communities. While Trump’s specific plan and choice of secretary have yet to be announced, Neal McCluskey, the director for educational freedom at libertarian think tank Cato Institute, said there’s a high likelihood Trump’s agenda of shuttering the DOE could be carried out through “block granting.” “Block granting is a little easier for people to understand, because it takes money and it doesn’t just suddenly go away from states and districts, it keeps it,” McCluskey told Fox News Digital in an interview. “It just gives them more control over it.” TRUMP’S FORMER EDUCATION SECRETARY SAYS SHE IS ‘VERY OPEN’ TO DISCUSSION ABOUT RETURNING TO PREVIOUS POST “This would be a pretty big change if it went from the federal government giving out money with all kinds of rules and regulations through a whole bunch of different programs, to the federal government consolidating almost every K-12 and giving them the money,” he said. McCluskey noted a shift in the federal government’s role in education, moving from funding support to more direct control, particularly until the Every Student Succeeds Act (ESSA) in 2015, which rolled back some federal oversight due to backlash against standardized testing and federal mandates. While ESSA reduced federal intervention, he believes funding pressures keep pushing Washington to influence school operations. “I think that higher education, the Department of Education, has proved itself to be just a bad administrator,” McCluskey said. “The bungling of simplifying FAFSA, the student aid for. It’s sort of ironic that it’s making it easier, making the form easier that they just couldn’t handle.” “I also think the programs are really bad,” he added. BETSY DEVOS JOINS TRUMP’S CALL TO ‘DISBAND’ THE DEPARTMENT OF EDUCATION AND ‘RE-EMPOWER’ FAMILIES While McCluskey acknowledged a legitimate role for federal civil rights enforcement, he argued it should be housed within the Department of Justice, not education. He cautioned against overreach, particularly with “Dear Colleague” letters from the Office of Civil Rights, which, he argued, altered policies unilaterally without formal changes in the law. In 1979, Congress passed and President Jimmy Carter signed the Department of Education Organization Act, leading to the creation of the department, which began its operations in May 1980 under the Carter administration. In his 1982 State of the Union address, former President Reagan called for shuttering the department. McCluskey said the DOE started largely as a political move to gain National Education Association support and initially focused on K-12 and student-aid funding. Although intended to equalize funding between low- and high-income communities, its role expanded over time to include accountability measures, especially from the Reagan era onward, as concerns grew about educational quality and outcomes. DEM REP RUBEN GALLEGO BEATS KARI LAKE IN BATTLE FOR ARIZONA SENATE SEAT This push for accountability led to the “A Nation at Risk” report in 1983 and eventually to the No Child Left Behind Act in 2002, positioning the federal government as a major driver of standards and test-based accountability. However, backlash against centralized standard testing like Common Core led to a retreat from heavy oversight, and today the department’s primary roles are K-12 funding support, federal student aid management, and civil rights enforcement, he said. So far, Fox News Digital has learned former Secretary of Education Betsy DeVos, Rep. Byron Donalds, Cade Brumley, Rep. Virginia Foxx, Tiffany Justice, Oklahoma public education superintendent Ryan Walters and Virginia Gov. Glenn Youngkin could be possible contenders for the DOE secretary role. Fox News Digital has reached out to the Trump-Vance transition team for comment. Fox News Digital’s Joshua Comins contributed to this report.
Gov. Greg Abbott wants to freeze tuition at Texas colleges and universities for another two years
The governor’s directive extends a tuition freeze for Texas’ public universities that was approved in the last legislative session.
What to know about Kristi Noem, the ‘border hawk’ nominated by Trump to lead DHS
President-elect Trump announced Tuesday he had chosen South Dakota Gov. Kristi Noem to lead the Department of Homeland Security, an agency that addresses border security, emergency relief and cybersecurity. In his announcement Tuesday evening, Trump emphasized Noem’s moves as governor to send National Guard soldiers to the southern border in Texas, arguing she is “very strong” on border security. “She will work closely with ‘Border Czar’ Tom Homan to secure the border and will guarantee that our American homeland is secure from our adversaries. I have known Kristi for years and have worked with her on a wide variety of projects. She will be a great part of our mission to make America safe again,” Trump said in a statement. EX-TRUMP OFFICIAL PREDICTS ‘ENTIRE MINDSET CHANGE’ AT SOUTHERN BORDER, HAILS ‘FANTASTIC’ PICK TO LEAD DHS Noem said she was “honored and humbled” by the selection. “With Donald Trump, we will secure the border and restore safety to American communities so that families will again have the opportunity to pursue the American dream,” she said. Noem, a former member of Congress, was elected governor of the state in 2018 and won re-election in 2022. She has three children with her husband, Byron. TRUMP’S ‘BORDER CZAR’ WARNS DEM GOVS REJECTING TRUMP DEPORTATION PLAN: ‘GET THE HELL OUT OF THE WAY’ Noem’s selection came as a surprise to some political watchers, but a source familiar with the appointment told Fox News Digital Noem had set a precedent for other states by sending National Guard soldiers, rather than more generic assistance, to the border. She also brings experience of other parts of the agency’s mission. Noem banned TikTok from state-owned devices in 2022, citing the company’s ties to China. Separately, Dakota State University has one of the top cyber units in the country, and cybersecurity is the fastest growing industry in South Dakota, an expansion encouraged by Noem. The governor’s website says the state has invested $90 million to equip DSU in expanding cyber programs and allowing high school students to take classes for college credit. The state said last year the sector has added thousands of jobs in a few years and grown by 25%. Noem has in-depth experience with the Federal Emergency Management Agency (FEMA) because the state has dealt with flooding, including in June when there were record-setting floods in the state. FEMA sparked controversy over its handling of hurricanes this year and is likely to be under significant scrutiny in the months and years ahead. With respect to border security, Noem has backed a pause on accepting migrants from terrorist hot spots. As governor, she pledged in 2021 not to take any more migrants from the Biden administration. She is particularly in line with President-elect Trump on border security and prioritizing national security and public safety threats for deportations, a source noted to Fox News Digital. “My message to illegal immigrants is — Call me when you’re an American,” she said on Facebook in 2021. CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS Noem briefly sparked controversy this year when she revealed in a memoir she had shot and killed a family dog that she said had become a danger to people. While her appointment was a surprise to some, she has received backing from major figures, including former acting DHS Secretary Chad Wolf. “Gov. Noem is a fantastic pick,” he said. “She has been a successful governor and has been forward-leaning and helping to support the Border security mission with her National Guard. She also has extensive experience working with FEMA on natural disasters. I’m certain she will succeed.” Texas Gov. Greg Abbott, who has been on the front lines of the crisis, said it was an “excellent selection.” “Governor Noem is a border hawk who has worked with me to secure the Texas border,” he said on X. “She has a no nonsense, rule of law approach, that will repair America from the carnage caused by Biden‘s open border policies.” The pick follows a number of other hawkish appointments to Trump’s administration. This week, he announced former Immigration and Customs Enforcement (ICE) Director Tom Homan will be the “border czar.” On Wednesday, Trump officially announced that Stephen Miller, who spearheaded many immigration policies in Trump’s first term, will serve as assistant to the president and deputy chief of staff for policy and homeland security adviser.
GOP Rep. Michael McCaul ‘briefly detained’ by police at airport for ‘appearing intoxicated’
House Foreign Affairs Committee Chairman Michael McCaul, R-Texas, was detained at Dulles International Airport earlier this month for “appearing intoxicated,” Fox News has confirmed. McCaul admitted to taking an Ambien and drinking before a flight from D.C. to Texas, Semafor first reported. He said he missed his flight and found himself “disoriented.” McCaul said he was “briefly detained” by police and picked up by a family member. “Two weekends ago, I made a mistake—one for which I take full responsibility. I missed a flight to Texas and found myself disoriented in the airport. This was the result of a poor decision I made to mix an Ambien—which I took in order to sleep on the upcoming flight—with some alcohol,” McCaul said in a statement. CLICK HERE TO GET THE FOX NEWS APP “Law enforcement officers briefly detained me while I waited for a family member to pick me up. I have nothing but respect and gratitude for the officers who intercepted me that evening. This incident does not reflect who I am and who I strive to be. As a human, I am not perfect. But I am determined to learn from this mistake and, God-willing, make myself a better person.” Fox News’ Tyler Olson and Chad Pergram contributed to this report.
EPA’s new rule to charge oil and gas companies for emissions could face a Trump reckoning
The Biden administration is moving to charge oil and gas companies a new fee on methane emissions, but opponents of the rule suggest such efforts could be short-lived under incoming Republican leadership. On Tuesday, the Environmental Protection Agency (EPA) announced it will try to “incentivize” the oil and gas industry to reduce methane emissions by imposing a Waste Emissions Charge, allowed under the Inflation Reduction Act. Under the Biden administration’s new rule, certain oil and gas facilities would be charged $900 per metric ton of “wasteful” emissions in CY 2024, $1,200 for CY 2025 and $1,500 for CY 2026. The charge would be applied to high-emitting facilities and those with emissions of “more than 25,000 metric tons of carbon dioxide equivalent per year to the Greenhouse Gas Reporting Program,” according to the EPA. TRUMP TAPS FORMER NEW YORK REP LEE ZELDIN TO LEAD EPA Opponents of the new rule are already making plans to avert the proposed methane fee. In a press release Tuesday, the American Petroleum Institute released a policy road map for the incoming Trump administration and hit back against the EPA’s final rule. TRUMP TO INSTALL ‘ENERGY CZAR’ TO DISMANTLE BIDEN CLIMATE RULES: REPORT Included in the suggested plan was for the Trump administration to “end EPA’s methane fee that misinterprets Congressional intent and does little beyond increasing the cost of production for American oil and natural gas.” The Western Caucus also slammed the charge, but highlighted that the incoming administration will make changes to the current EPA’s agenda. “The lame-duck Biden Administration will do everything they can to sabotage traditional energy sources in their final days,” said Rep. Dan Newhouse, R-Wash. “The EPA’s Waste Emissions Charge rule will further increase energy costs by placing an effective tax on America’s oil and gas industry that will be passed directly to consumers. Luckily, this administration’s days are numbered, and I look forward to helping a unified Republican government reduce energy costs across rural and Western America.” President-elect Trump recently tapped former New York Rep. Lee Zeldin to head the EPA under his administration, which is likely to derail many of the Biden administration’s energy policies. The EPA has suggested, meanwhile, that the Waste Emissions Charge will improve the vital industry. “The final Waste Emissions Charge is the latest in a series of actions under President Biden’s methane strategy to improve efficiency in the oil and gas sector, support American jobs, protect clean air, and reinforce U.S. leadership on the global stage,” EPA Administrator Michael S. Regan said in a statement. Maggie Coulter, a lawyer at the Center for Biological Diversity, also praised the rule, saying that “while we expect the next administration to recklessly greenlight fossil fuel extraction, it’s heartening to see this effort to make polluters pay for their leakage of the super climate pollutant methane.”
Matt Gaetz faces GOP Senate opposition after Trump selection for attorney general
President-Elect Donald Trump’s latest selection for his next administration is facing immediate backlash from some within the Senate GOP, as they say his attorney general pick Rep. Matt Gaetz, R-Fla., will not get confirmed. “He will never get confirmed,” a Republican senator, granted anonymity to speak freely, told Fox News Digital. One Senate Republican source simply said, “Ain’t gonna happen,” about the prospect of Gaetz’s confirmation. THUNE WINS SECRET BALLOT TO BECOME NEW SENATE GOP LEADER, SUCCEEDING MCCONNELL Gaetz’s office referred Fox News Digital to his response on X, “It will be an honor to serve as President Trump’s Attorney General!” and did not comment on the GOP criticism about his potential confirmation. Sen. John Cornyn, R-Texas, told reporters, “I think we have to consider any nominee by the president seriously, but we also have a constitutional responsibility.” He was prompted about whether the House Ethics investigation currently being conducted into Gaetz would factor in to his confirmation, to which the senator replied: “That might come up.” The allegations being probed by the committee include sexual misconduct, illicit drug use and accepting improper gifts. RICK SCOTT KNOCKED OUT OF SENATE LEADER RACE ON FIRST BALLOT AS THUNE AND CORNYN ADVANCE Responding to the announcement of Gaetz’s selection for attorney general, Rep. Michael Guest, R-Miss., who chairs the Ethics Committee said “once a member is no longer a member of Congress, then ethics has no jurisdiction. So if Matt Gaetz were to be appointed as the Attorney General, the ethics investigation [which] is currently ongoing would cease at that point.” However, Senate Republicans were not explicitly supportive. “He’s under investigation by the House Committee on Ethics,” Sen. Susan Collins, R-Maine, acknowledged. “Obviously, the president has the right to nominate whomever he wishes, but this is why the background checks that are done by the FBI and the advice and consent process in the Senate, and public hearings are also important.” “He will go through the nomination process just like everyone else,” said Sen. James Lankford, R-Okla. Sen. Katie Britt, R-Ala., told reporters, “I got nothing for you on that,” when asked about Trump’s choice. TED CRUZ GETS BEHIND RICK SCOTT FOR LEADER, IN BLOW TO FELLOW TEXAN JOHN CORNYN “I think what we can tell you right now is that we always allow the President to have the benefit of the doubt, but we still have to do our role in terms of due diligence,” said Sen. Mike Rounds, R-S.D., when asked if he would vote to confirm Gaetz. In addition to the ethics investigation, Gaetz was at one point being investigated by the Department of Justice (DOJ) in a years-long probe into sex trafficking allegations. But last year, Gaetz’s office said the DOJ ended their investigation and determined he would not be charged with any crimes. While Republicans could very well be poised not to confirm Gaetz, who has proven controversial among his own party, Trump could look to appoint him through a recess appointment. The president-elect made an appeal to Senate Republican leader candidates earlier this week, telling them they must agree to allow him to make such appointments. REPUBLICANS TO HUDDLE BEHIND CLOSED DOORS TO ELECT MCCONNELL’S SUCCESSOR WEDNESDAY Senate Minority Whip John Thune, R-S.D., who won the leader election Wednesday morning, signaled being open to this in an exclusive statement to Fox News Digital. However, he didn’t commit to it. “We must act quickly and decisively to get the president’s cabinet and other nominees in place as soon as possible to start delivering on the mandate we’ve been sent to execute, and all options are on the table to make that happen, including recess appointments,” he said. If Trump were successful in appointing a cabinet member through a recess appointment, they would be able to serve in the role for nearly two years, according to the Congressional Research Service. The appointment would expire once the next session of Congress, following the recess, adjourns. “Recess appointments expire at the end of the next session of the Senate,” according to a recent CRS report. “As a result, a recess appointment may last for less than a year or nearly two years, depending on when the appointment is made.”
McClain elected to replace Stefanik in House GOP leadership
House Republicans have chosen a fellow member to replace GOP Conference Chair Elise Stefanik, R-N.Y., in their party’s leadership ranks. Rep. Lisa McClain, R-Mich., was elected House GOP Conference Chair on Wednesday evening, the No. 4 leadership position for Republicans in the chamber. She was the favorite to win the internal race against Rep. Kat Cammack, R-Fla. McClain is already a lower-level member of leadership, serving as House Republicans’ conference secretary in the 118th Congress. Cammack’s bid was bolstered by an endorsement from ally Rep. Byron Donalds, R-Fla., and groups like the Log Cabin Republicans and the national Young Republicans organization. Meanwhile, McClain had support from a wide range of the Republican Conference, from House Freedom Caucus members to rank-and-file national security hawks. Stefanik was originally intending to run for the job again before accepting President-elect Trump’s nomination to serve as his ambassador to the United Nations. The conference chair is in charge of overseeing and executing messaging strategy within the House GOP. It comes as the House GOP unanimously backed Speaker Mike Johnson, R-La., for his job again, two sources in the room told Fox News Digital. House Majority Leader Steve Scalise, R-La., and House Majority Whip Tom Emmer, R-Minn., were also elected unanimously to return to their roles, sources said.