Federal judge in Ohio rescinds retirement after Trump victory, with Biden yet to nominate a successor
A federal judge in Ohio is rescinding his partial retirement after President Biden’s administration failed to nominate a replacement for him. U.S. District Judge Algenon Marbley had announced plans to take on senior status in October 2023, which allowed him to take a lighter case load until a replacement could be appointed. His decision to rescind his retirement now blocks President-elect Trump from naming a replacement once he enters office. Marbley is an appointee of President Bill Clinton. He announced plans to rescind his retirement in a letter to the White House on Friday. “A successor has not been confirmed, and I have therefore decided to remain on active status and carry out the full duties and obligations of the office,” Marbley wrote in the letter. JUSTICE SONIA SOTOMAYOR FACES PRESSURE TO RETIRE AHEAD OF TRUMP TAKING OFFICE: REPORT Senior status is available to judges over the age of 65 who have completed at least 15 years on the federal bench. HERE ARE THE MOST TALKED-ABOUT CANDIDATES FOR TOP POSTS IN TRUMP’S ADMINISTRATION Marbley’s decision comes as the Biden administration is scrambling to appoint as many judges as possible before the Trump administration takes power in January. There are currently 47 vacant seats in the federal judiciary, and there are 19 more justices who have announced plans to retire. Marbley was among the latter group. The Biden administration has candidates to fill 28 of those seats, if their confirmation processes can be completed in time. As of September, the Biden administration was barely out-pacing the number of judges confirmed by Trump in his first term. Trump had appointed 204 federal judges by Sep. 5, 2020, while Biden had appointed 205 by the same point in his term. Both Biden and Trump have put a renewed emphasis on the federal judiciary, each focusing on quickly facilitating as many appointments as they could during their terms. Their appointments during one term have rivaled those of their predecessors, who had double the time to confirm them. Reuters contributed to this report.
New York Judge Merchan to decide whether to dismiss Trump guilty verdict in Bragg case after election win
New York Judge Juan Merchan on Tuesday is expected to decide whether to uphold or dismiss President-elect Donald Trump’s guilty verdict in Manhattan District Attorney Alvin Bragg’s case against him. Trump pleaded not guilty to all 34 counts of falsifying business records in the first degree, but was found guilty in May after a six-week-long unprecedented criminal trial in New York. Merchan is expected to issue a written opinion Tuesday on the president-elect’s request to toss his conviction. Merchan could order a new trial or dismiss the indictment and charges altogether. Merchan was expected to rule in September, but wanted to “avoid any appearance” he was trying to influence the 2024 presidential election. Trump is currently scheduled for sentencing on Nov. 26. The sentencing was first set for July 11th, but then was delayed until September 18. Merchan delayed that sentencing date again until after the election. WHERE DOES TRUMP’S NEW YORK SENTENCING STAND AFTER MASSIVE ELECTION WIN? Trump’s attorneys have requested that Merchan overturn the guilty verdict, citing the United States Supreme Court’s decision that former presidents have substantial immunity from prosecution for official acts in office. Trump’s legal team argued that certain evidence presented by Bragg and New York prosecutors during the trial should not have been admitted, as they were “official acts.” Specifically, Trump attorney Todd Blanche argued that testimony from former White House Communications Director Hope Hicks; former Special Assistant to the President Madeleine Westerhout; testimony regarding The Special Counsel’s Office and Congressional Investigations and the pardon power; testimony regarding President Trump’s response to FEC Inquiries; his presidential Twitter posts and other related testimony was impermissably admitted during trial. Trump attorneys also pointed to Trump’s disclosures to the Office of Government Ethics as president. TRUMP REQUESTS NY JUDGE OVERTURN GUILTY VERDICT, INDICTMENT AFTER SCOTUS IMMUNITY RULING Blanche said that “official-acts evidence” that Manhattan District Attorney Alvin Bragg presented to the grand jury “contravened the holding in Trump because Presidents ‘cannot be indicted based on conduct for which they are immune from prosecution,’” the motion read. “The Presidential immunity doctrine recognized in Trump pertains to all ‘criminal proceedings,’ including grand jury proceedings when a prosecutor ‘seeks to charge’ a former President using evidence of official acts.” Blanche argued that Bragg “violated the Presidential immunity doctrine by using similar official-acts evidence in the grand jury proceedings that gave rise to the politically motivated charges in this case.” “Because an Indictment so tainted cannot stand, the charges must be dismissed,” Blanche argued. Blanche also explained that the Supreme Court’s decision does not allow for an “overwhelming evidence” or “harmless error” exception to “the profound institutional interests at stake.” The Supreme Court’s 6-3 decision on presidential immunity came from a question that stemmed from charges brought against Trump in a separate, federal case brought by special counsel Jack Smith related to the events on Jan. 6, 2021 and any alleged efforts to overturn the results of the 2020 election. Trump pleaded not guilty to all charges in that case. Smith is winding down his cases against Trump following his election as the 47th president of the United States. Smith’s classified records case against Trump was dismissed by a federal judge in Florida earlier this year, who ruled that the special counsel was unlawfully appointed.
Rand Paul backs Kat Cammack for House Republican Conference Chair, Rick Scott for Senate Majority Leader
Sen. Rand Paul, R-Ky., who endorsed Sen. Rick Scott, R-Fla., for Senate Majority Leader, has endorsed Rep. Kat Cammack, R-Fla., for House Republican Conference Chair. House Republicans are slated to vote in leadership elections on Wednesday, according to reports. “@Kat_Cammack is a proven champion of liberty with a strong track record of defending our freedoms and empowering Americans. Her commitment to the Constitution makes her the best choice for the next House Conference Chair,” Paul declared in a post on X. TRUMP NAMES STEFANIK UN AMBASSADOR President-elect Donald Trump selected current House Republican Conference Chair Elise Stefanik, R-N.Y., to serve as U.S. Ambassador to the United Nations, and Cammack is one of the House Republicans who have announced a bid for the House GOP Conference Chair role. Stefanik was tapped by House Republicans to fill the slot after they ousted Rep. Liz Cheney from the post in 2021. “There is no doubt that we will accomplish many of our America First goals during the 119th Congress. We are unified, we are energized, and we are equipped to deliver on the very platforms we campaigned on during this cycle,” Cammack said in a message to colleagues, according to a copy shared on X by Melanie Zanona of Punchbowl News. “I would be honored to earn your vote and take our country back.” HELENE ‘LIKE A BOMB WENT OFF’: FLORIDA REP KAT CAMMACK DETAILS SEVERE HURRICANE DAMAGE GOP Reps. Lisa McClain of Michigan and Erin Houchin of Indiana have also mounted bids to succeed Stefanik. Scott, Sen. John Cornyn, R-Texas, and Sen. John Thune, R-S.D., are vying for the role of Senate GOP Leader. “I will be supporting Rick Scott for Senate Majority Leader. The status quo of $2 Trillion annual deficits is unsustainable,” Paul tweeted last week. SEN. JOSH HAWLEY ‘DELIGHTED’ TO BACK SEN. JOHN CORNYN FOR SENATE MAJORITY LEADER Republican senators are slated to vote on Wednesday.
How disagreements about a Texas death row inmate’s guilt became a legal battle between branches of government
The Texas Supreme Court is considering whether a legislative subpoena of a death row inmate infringed on the executive branch’s power to carry out the execution.
Texas’ 90,000 DACA recipients can sign up for Affordable Care Act coverage — for now
Those enrolled in the federal program shielding them from deportation can enroll through Jan. 15, but a lawsuit and Trump’s anti-immigration stance threaten to eliminate eligibility.
Trump expected to choose South Dakota Gov. Kristi Noem for Homeland Security secretary: report
President-elect Donald Trump is expected to select South Dakota Gov. Kristi Noem to fill the role of Homeland Security secretary, according to multiple reports on Tuesday. Noem, who was thought to be a potential running mate on the Trump ticket earlier in the year, has served as governor of The Mount Rushmore State since 2019. GOV. KRISTI NOEM REFLECTS ON TRUMP WIN, SAYS DEMOCRATS ‘TRY TO PUT WOMEN IN A BOX’ HERE ARE THE MOST TALKED-ABOUT CANDIDATES FOR TOP POSTS IN TRUMP’S ADMINISTRATION The Department of Homeland Security is over US Customs and Border Protection, Immigration and Customs Enforcement, US Secret Service and the Federal Emergency Management Agency. If selected, Noem would work with Tom Homan, who was announced as Trump’s “border czar” on Sunday, and Stephen Miller, who was announced as the White House deputy of staff for policy on Monday. It was also announced Monday night that Trump is expected to choose Sen. Marco Rubio, R-Fla., as his secretary of state. An official announcement from Trump or Noem has not been made as of Tuesday morning.
Trump likely to make several border security moves on first day, says expert
Voters chose to send President-elect Trump back to the White House in large part over concerns about immigration and border security, something the former president will look to quickly address when he starts a new term in office. “He could probably shut down the border, declare that there’s an emergency… stop the entry of people until further notice,” Alfonso Aguilar, a former chief of the U.S. Office of Citizenship and the Director of Hispanic Engagement at the American Principles Project, told Fox News Digital. “That I think in some shape or form, will be one of his first actions.” The comments come as Trump will now shift his focus from the campaign to his return to the White House, where immigration and border security promise to be top concerns for the incoming administration. TRUMP’S ‘BORDER CZAR’ WARNS DEM GOVS REJECTING TRUMP DEPORTATION PLAN: ‘GET THE HELL OUT OF THE WAY’ Trump spent much of the campaign promising to secure the border and deport those in the country illegally, drawing a sharp contrast between himself and the Biden administration, which saw record-setting numbers of border crossings over its first three years in the White House. Voters rewarded Trump for the messaging, with 75% of voters indicating that border security was an important factor to them in the most recent election, 61% of whom supported Trump, according to the Fox News Voter Analysis. Trump will look to make good on that trust on Day 1 of his new administration, Aguilar said, when shutting down the border could just be one of several announced changes. Another way Trump could act on Day 1 is to announce expedited procedures for removing immigrants who are in the country illegally, most notably immigrants who have committed crimes. DEM GOVERNOR THREATENS TO USE ‘EVERY TOOL’ TO FIGHT BACK AGAINST TRUMP-ERA DEPORTATIONS “If you identify people who have criminal records, who have committed a crime, you have somehow find a way to expedite their removal,” Aguilar said. “I would imagine that they have in place an expedited procedure to remove those individuals involved in crime.” Other policies that could see swift changing include an end to the CHNV parole program, which has allowed migrants from Cuba, Haiti, Nicaragua and Venezuela to apply for Advance Travel Authorizations into the U.S. and then be paroled into the country with a court date, with many being eligible to apply for work authorization once in the country. “They can end that on Day 1,” Aguilar said. Catch-and-release tactics are also likely to end quickly under Trump, Aguilar noted. CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS Aguilar also said there could be a return of “workforce raids,” an enforcement tactic not seen in recent years that might be back in the “first few days, few weeks.” Other policies, however, are likely to take time, including a return to the Migrant Protection Protocols, more commonly referred to as “Remain in Mexico,” which will require coordination with the Mexican government. Some improvements may also require legislation, including obtaining more funding to finish the border wall and hire more immigration judges and other border security personnel. “There’s certain things that he will be able to do administratively, but he may need some legislation for some of the other stuff,” Aguilar said. “If you want to hire more immigration judges, you’re going to need more money, so I would imagine that they will also have some sort of immigration package ready to go to get money from Congress.”
In election victory, Trump’s gains went beyond the battlegrounds
President-elect Trump flipped six highly competitive states in his election victory last week. But his gains with voters were not limited to the battlegrounds. Trump improved his vote share across the country, starting with conservative areas but extending into deeply Democratic states. It is a critical part of the story of this election: one where Trump built a broader coalition and led on two defining issues of the campaign. DONALD TRUMP ELECTED AS THE NEXT PRESIDENT OF THE UNITED STATES Trump gained in all seven of the battleground states. He gained 1.8 points in Michigan and Pennsylvania, 1.4 points in Georgia, just over a point in North Carolina, and under a point in Wisconsin. (Trump’s largest gains are currently in Nevada and Arizona, two of ten states where there is significant vote left to count.) But Trump’s best performances relative to 2020 were in reliably Democratic states. These states voted for Democrats, but by narrower margins than before. His strongest improvement was in New York, where the former and future president gained 6.4 points. His county-level gains were spread across the state, but notably included an improvement in all five of the New York City boroughs (where, again, there are some votes left to be counted). EARLY VOTES TOP 84M IN 2024 ELECTION He also posted a 5-point improvement in neighboring New Jersey, enough to reduce the margin of his loss to just 5.5 points. That is the best performance for a Republican candidate in more than three decades. Look for New Jersey and Virginia (Trump +2.4 since 2020) to become a focal point in future elections, beginning with next year’s gubernatorial races. Trump also took more vote share in Illinois (Trump +4.2 since 2020); another Democratic state with a highly populated urban area. And as some pre-election polls predicted, the president-elect brought home another five points worth of votes in Florida, where Democrats fought hard for a victory just two cycles ago. Just as he improved in the battlegrounds and left-leaning states, he also put up strong gains in states like Texas, Tennessee, South Carolina and Idaho. Trump posted a 3-point improvement in all four of those conservative states, with smaller improvements in over a dozen more. In fact, as of this writing, there isn’t a single state in the country where Trump turned in a weaker performance than he did four years ago. ELECTION NIGHT WINNERS AND LOSERS: 2024 EDITION So far, Harris has only outperformed President Biden’s vote share in one state: Utah, where she gained 0.6 points since the last election. But even in Utah, Trump also performed about a point better than he did in 2020. It’s third party candidates who saw the most erosion. (And there are many ballots left to count.) To find positives for Harris, you have to search for a smattering of counties across the nation. The Vice President did between 2-9 points better in a few counties in the Georgia metropolitan area, led by Henry, Rockdale and Douglas. She also improved in some of the North Carolina counties most impacted by Hurricane Helene, particularly Democratic-leaning Buncombe, but also Henderson and Transylvania. She posted about a 4-point gain in each. Kaufman County, in the Dallas suburbs, also bucked the national trend. That Texas county swung about 6 points towards Harris. AMERICANS WANT TO SEE TRUMP ADDRESS ECONOMY, INFLATION UPON RETURN TO WHITE HOUSE Harris posted a modest gain in Chaffee County, Colorado, otherwise known as the “Heart of the Rockies” (here, too, there are some outstanding ballots). And there are signs that parts of Oregon and Washington could end up more Democratic than 2020 when counting is finished. These are the exceptions to a clear rule: voters almost uniformly swung away from the Democrats this cycle. The Fox News Voter Analysis shows that Trump’s gains came from multiple groups, and that voters preferred him on two defining issues. As the Polling Unit writes: Trump’s victory was powered by his strength on the economy and immigration – two of voters’ top concerns. He was seen as a stronger leader than Harris in a time of turmoil, and voters remembered his presidency more fondly than their evaluations of the current administration. Trump ran up the score with his base while narrowing traditional Democratic advantages among Black, Hispanic, and young voters. The complete Fox News Voter Analysis is available on FoxNews.com.
Who’s who on Trump’s short list for attorney general
President-elect Donald Trump has wasted little time in naming top White House and Cabinet officials to serve in his administration as he prepares to be sworn in for a second term in January. It remains to be seen, however, who Trump will pick to head up his Justice Department, perhaps one of the most important vacancies to be filled in the next administration. Early contenders for the post include sitting U.S. senators, former Justice Department personnel and at least one top White House adviser from Trump’s first term. Though each would bring widely different backgrounds and perspectives to the position, they all share one common trait: loyalty to the president-elect and a willingness to back his agenda and policies over the next four years. As the U.S. awaits a formal announcement from the president-elect, here are some of the top names being floated for the role of U.S. attorney general. JUSTICE DEPARTMENT LOOKING TO WIND DOWN TRUMP CRIMINAL CASES AHEAD OF INAUGURATION Sen. Mike Lee, R-Utah Sen. Mike Lee, R- Utah, is considered to be a more conventional pick to head up the Justice Department. Lee is a high-ranking Republican in the chamber and would face a somewhat easy path to Senate confirmation, at least compared to some of the more controversial names that have surfaced. But he may not be gunning for the role. The Utah Republican told reporters last week that while he has been in frequent conversations with Trump’s transition team, he plans to focus his sway in the Republican-majority Senate on helping gin up support for Trump’s Cabinet nominees and helping select the Senate majority leader, a leadership election in which Lee, as current chair of the Senate Steering Committee, is poised to a play a major role. “I have the job I want,” Lee told the Deseret News in an interview. “And I look forward to working in the next Congress and with President Trump and his team to implement his agenda and the reform agenda that Republicans have offered and campaigned on, and it’s going to be an exciting time. We’ve got a lot of work to do.” John Ratcliffe Former Director of National Intelligence John Ratcliffe is among the top names being considered to head up the Justice Department. Ratcliffe, a former federal prosecutor and a former U.S. representative from Texas, earned the spotlight during Trump’s first term for his outspoken criticism of the FBI and of the special counsel investigation overseen by Robert Mueller. Trump tapped Ratcliffe in 2019 to replace Dan Coates as the Director of National Intelligence. The following year, he was tapped by the outgoing president to be a member of his impeachment team. Mark Paoletta Former White House attorney Mark Paoletta served during Trump’s first term as counsel to then-Vice President Mike Pence and to the Office of Management and Budget. Paoletta is also already working on the Trump transition team, including helping steer Justice Department policy in the next Trump administration, making him a potentially natural fit for the role. Paoletta also made clear Monday that if tapped to head up the Justice Department, he would not tolerate any resistance to Trump’s agenda by career prosecutors and other nonpolitical officials. In a lengthy post on the social media site, X, Paoletta said career employees are “required to implement the President’s plan” after an election, even ones they may consider unethical or illegal. “If these career DOJ employees won’t implement President Trump’s program in good faith, they should leave,” Paoletta said, noting that employees who engage in so-called “resistance” to Trump’s agenda would be guilty of “subverting American democracy” and subject to “disciplinary measures, including termination.” Missouri Attorney General Andrew Bailey Missouri Attorney General Andrew Bailey is also among the names floated to lead the Department of Justice. Bailey was tapped by Missouri Gov. Mike Parson in 2022 to be the state’s top prosecutor after then-state Attorney General Eric Schmitt was elected to the U.S. Senate. Since taking over the state AG’s office, Bailey has led dozens of lawsuits against the Biden administration and sought to defend the state on a number of conservative issues as well. Those familiar with Bailey’s ascent say his lower-profile career could be an asset as a possible U.S. attorney general, especially since the role requires Senate confirmation. He could be aided here by Sens. Josh Hawley and Eric Schmitt, two Missouri Republicans who also served as state attorney general before their Senate service. Since neither appear to be seeking the role of the top U.S. prosector, they could play a key role in stumping for Bailey in the Senate if his name does come up for consideration. TRUMP TO APPOINT FORMER ICE DIRECTOR TOM HOMAN AS NEXT ‘BORDER CZAR’: NOBODY BETTER AT POLICING OUR BORDERS’ Matt Whitaker Former Acting Attorney General Matt Whitaker temporarily led the Justice Department after Trump fired former Attorney General Jeff Sessions during his first term. Asked last week in a Fox News interview whether he wants the role, Whitaker declined to answer, saying that the decision is Trump’s to make. “He’s going to want someone who he knows, likes and trusts,” Whitaker said. “He’s going to want someone who was there from the beginning,” he added, and who can help defend against what Whitaker described as “all this lawfare nonsense.” The Trump transition team did not immediately respond to Fox News’s request for comment as to who remains on its list of candidates to lead the Justice Department.
Pressure campaign boosting Rick Scott could fall flat with Senate GOP colleagues, strategists say
As Sen. Rick Scott, R-Fla., enjoys an influx of public support from Trump-allies ahead of the Senate Republican leader race on Wednesday, some strategists are warning that the external pressure might not translate to the secret ballot and could even hurt his effort. “They don’t matter one way or another,” said Republican strategist Doug Heye, sounding off on the public endorsements Scott has received from figures such as billionaire X owner Elon Musk, former presidential candidates Vivek Ramaswamy and Robert F. Kennedy Jr., and Sens. Bill Hagerty, R-Tenn., Rand Paul, R-Ky., Ron Johnson, R-Wis., Tommy Tuberville, R-Ala., and Marco Rubio, R-Fla., among others. “The only endorsement that matters, especially in such an inside game, would be Trump’s,” he added. TRUMP ALLIES BACK RICK SCOTT IN GOP SENATE LEADER RACE AS THEY LOOK TO INFLUENCE SECRET BALLOT Trump notably has not made an endorsement, and it is unclear if he will explicitly back a candidate in the leader race, which will be conducted via secret ballot on Nov. 13 at 9:30 a.m. Scott is competing against Senate Minority Whip John Thune, R-S.D., and Sen. John Cornyn, R-Texas. Sens. Markwayne Mullin, R-Okla., and Mike Rounds, R-S.D., expressed their support for Thune early on. Cornyn received his only public endorsement last week from Sen. Josh Hawley, R-Mo. SCHUMER WON’T ALLOW DAVE MCCORMICK AT SENATE ORIENTATION, CITING OUTSTANDING PA BALLOTS “Senate Republicans aren’t usually influenced by those outside the Senate when it comes to leadership elections,” explained Republican strategist Ron Bonjean, former top spokesman to Senate Majority Leader Trent Lott and former chief of staff of the Senate Republican Conference. “In fact, too much pressure would likely have the opposite effect and cause a candidate to lose votes.” SENATE LEADER CONTENDER JOHN THUNE RESPONDS TO NEW TRUMP LITMUS TEST AHEAD OF ELECTION Since the vote is conducted by secret ballot, there is no way to know how an individual senator voted unless they reveal it. And even then, reporters, colleagues, and the public can only take them at their word. Thune had previously described the nature of the secret ballot by referring to an old quote by former Sen. Lamar Alexander after he lost the election for Republican whip by one vote to Lott. In 2006, following the loss, Alexander reportedly said, “I wrote 26 thank you notes for 24 votes.” A former leadership aide previously cast doubt on how much of an impact even an endorsement from President-elect Donald Trump would have. “I don’t think it has anywhere near the impact that it would in a public race,” they told Fox News Digital. CORNYN TOUTS LIFETIME FUNDRAISING PROWESS FOR GOP IN FINAL CASE TO SUCCEED MCCONNELL The aide further described the leader race vote as “a true vote of conscience” for senators. According to the aide, these particular votes “are not super-amenable to endorsement pressure.” Another factor that could play into how senators vote is whether the leader is sustainable after Trump’s second term. Depending on whether term limits are instituted for the leader, which some have pushed for and both Scott and Cornyn have gotten behind, the GOP leader could very well outlast Trump, who can only serve his four-year term. Thune has said he is open to the idea of limiting terms for the Republican leader.