Hunter Biden urges judge to dismiss gun charges
U.S. President Joe Biden’s son Hunter asked a federal judge to dismiss criminal gun charges against him because the law is unconstitutional and government lawyers had earlier agreed not to prosecute him, his legal team said in Monday court filings.
Supreme Court: Trump must respond to special counsel’s presidential immunity petition before Christmas
The Supreme Court has indicated it will expedite consideration of a petition by special counsel Jack Smith on whether former President Donald Trump can be prosecuted on charges he plotted to overturn the 2020 election results. Smith made his request for the court to act with unusual speed to prevent any delays that could push back the trial of the 2024 Republican presidential primary front-runner, currently set to begin March 4, until after next year’s presidential election. The Court has asked Trump’s lawyers to respond to the motion by next Wednesday, December 20 – two days later than Smith had requested. The Court’s next scheduled conference day for consideration of such matters is Jan. 5, 2024. This is a developing story. Check back for updates.
Coalition government: How Republicans may keep their slim House majority, for now
One of the best things about being Speaker of the House is that you meet with foreign dignitaries. Of course, one of the worst things about being Speaker of the House is that you meet with foreign dignitaries. Such was the case when House Speaker Mike Johnson, R-La., huddled at the Capitol recently with British Foreign Secretary and former Prime Minister David Cameron. Their session came just moments after former House Speaker Kevin McCarthy, R-Calif., announced he was departing Congress at the end of the year. The House unceremoniously bounced McCarthy from the Speaker’s suite in October. McCarthy’s removal was an unprecedented move in American governance. A maneuver reminiscent of a European parliamentary system rather than the House of Representatives. Something which David Cameron might know about. USER’S MANUAL TO FIGHT OVER RENEWING SPECIAL FOREIGN SURVEILLANCE POWERS TO PREVENT A TERRORIST ATTACK Cameron became the youngest British Prime Minister in nearly two centuries in 2010. But he left office the day after the United Kingdom voted to leave the European Union, via Brexit, in 2016. “I do not think it would be right for me to try to be the captain that steers our country to its next destination,” said Cameron, anticipating major political blowback. Johnson inherited a thin majority when he assumed the Speakership. It grew leaner just as Johnson met with Cameron. “There are some very tricky issues to deal with,” Cameron whispered to Johnson as they appeared in the Speaker’s Office before the Congressional press corps for a photo op. “Yes there are,” replied Johnson. “We’re navigating them as best we can at the moment. I have a three-vote majority and we just got some announcements today that it’s even smaller than that.” “Oh, I didn’t know that,” remarked Cameron. “Well, my first government, I didn’t have the majority so I had to have a coalition.” “I know you can relate,” countered Johnson. After Gordon Brown stepped down as British Prime Minister in 2010, Cameron assumed office. He encountered a “hung” parliament. It was the first such impasse in British politics since the mid-1970s. As a result, Cameron quickly formed a “coalition government” between the Tories and Liberal Democrats. Not Labour. “Coalitions” generally don’t work in the American Congress. And certainly not in this environment. “The Republican extremism is out of control. Extreme MAGA Republicans have shown zero interest in solving problems on behalf of everyday Americans,” blasted House Minority Leader Hakeem Jeffries, D-N.Y. Considering the Congressional arithmetic, one wonders if there might be merit in what Cameron mentioned to Johnson. Johnson presides over a tiny majority. But it’s tenuous. There are more Republicans than Democrats in the House, 220 to 213. But Johnson – nor his predecessor had operational control of the House. The majority is expected to shrivel further in the coming weeks – even after the resignation of McCarthy and the expulsion of former Rep. George Santos, R-N.Y. “We are a very slim majority,” said Rep. Marjorie Taylor Greene, R-Ga., just after McCarthy announced his departure. “I still can’t believe we had a vote to expel one of our own members when we knew things like this was (sic) coming. I think this is poor planning. It should have been handled better.” Some of McCarthy’s allies were still smarting from his ouster. “Big screw up,” said Rep. John Duarte, R-Calif. “Just completely inane behavior.” Yours truly confronted House Majority Whip Tom Emmer, R-Minn., in a Capitol stairwell seconds after word of McCarthy’s exit broke. “I’m disappointed. But happy for him,” said Emmer. “That’s a personal choice. I’d like to have him around.” WHAT ABOUT BOB? SANTOS’ EXPULSION SETS NEW PRECEDENT, BUT SEN MENENDEZ IS HANGING ON So, the GOP majority dwindles. That’s amid other expected retirements. FOX is told to expect a slate of retirement announcements early next year. There’s a reason so many people are sprinting for the exits in the House. “The evolution of this institution is lumpy,” said House Financial Services Committee Chairman Patrick McHenry, R-N.C., who is retiring at the end his term in January 2025. “We have good years. We’ve got bad years. We’ve had horrible Congresses. And wonderful Congresses. You have meaningful policymaking. And then you have the utter depths of stupidity.” McHenry served as a McCarthy lieutenant. And it’s no surprise that after 2024, McHenry might put this year among the annals of “horrible Congresses” and “utter depths of stupidity.” But there’s concern that people like McCarthy and McHenry – bona fide legislators who can actually cut a deal and avoid a crisis (see the two flirtations with a government shutdown this fall and a near calamity with the debt ceiling in the spring) – won’t be around anymore. Like McHenry, Rep. Garret Graves, R-La., was another McCarthy lieutenant. He served at the forefront of delicate negotiations surrounding the debt ceiling and government funding. Graves says it pains him to see other members like Rep. Brad Wenstrup, R-Ohio, retire at the end of his term. Rep. Bill Johnson, R-Ohio, is leaving over the winter to become the President of Youngstown State University. There’s worry about a brain drain and who may be the last person standing as veteran legislators depart Capitol Hill. “It leaves the people that led this dishonest charge with more power, with a higher percentage of people here. And again, very concerning trajectory for the House,” said Graves. “It’s really tempting to follow. But at the same time, I think that the obligation to make sure that the House goes on the right track, to make sure that this country doesn’t go south, this is really important. And that’s what’s keeping me here.” Perhaps that’s why someone like McHenry says that the essence of Congress “ebbs and flows.” Capitol Hill may be at an “ebb” right now. But a decision by someone like Graves to stay gives him hope. “This institution rejuvenates itself,” opined McHenry. “And it will be better over time because the American people demand it.” OUTGOING HOUSE LAWMAKERS LAMENT CHAOS
Disgraced Congressman George Santos in discussions with prosecutors for possible plea deal
Disgraced former Republican Congressman George Santos of New York, who was expelled from Congress earlier this month, is in talks with U.S. prosecutors to reach a plea deal over corruption charges. Santos was expelled from the U.S. House of Representatives on Dec. 1 because of charges he faces related to allegations of defrauding campaign contributors and, according to a House Ethics Committee Report, using campaign funds to purchase luxury items and spa treatments. “The parties are presently engaged in plea negotiations with the goal of resolving this matter without the need for a trial,” the U.S. Attorney’s office for the Eastern District of New York, which brought the charges, wrote in a letter to U.S. District Judge Joanna Seybert in Long Island. SANTOS VOWS TO FILE ETHICS COMPLAINTS AGAINST MULTIPLE LAWMAKERS HOURS AFTER EXPULSION FROM HOUSE Reuters reported that Santos’ attorney, Joseph Murray, said prosecutors consulted him on the letter, which he agreed to the language. He declined to comment further on the matter. Santos has not been convicted of a crime, but he has been indicted on 23 counts related to wire fraud, identity theft, falsification of records, credit card fraud and other charges. He has pleaded not guilty. The 311 to 114 vote was strongly bipartisan, although slightly more Republicans voted to keep Santos than to oust him. RAMASWAMY CALLS GEORGE SANTOS ‘INSANE AND PATHOLOGICAL LIAR,’ BUT SAYS EXPELLING HIM FROM CONGRESS WAS ‘WRONG’ A Sept. 9, 2024 trial date has been set, though prosecutors have asked the judge to move the trial to May or June of the same year. With Santos out of Congress, a special election to fill his seat to represent New York has been set for Feb. 13, 2024. So far, Democrats have nominated former Congressman Tom Suozzi, while Republicans have not yet announced a nominee. Fox News’ Elizabeth Elkind and Reuters contributed to this report.
WATCH: Biden repeats exaggerated house fire story he claims almost killed his wife in 2004
President Biden once again told his often exaggerated story about the time a minor fire occurred at his Delaware home as a result of a lightening strike in 2004 that he says almost claimed first lady Jill Biden’s life. Biden began his speech to a group of firefighters in Philadelphia on Monday with the story that didn’t quite go as far as he’d taken it in the past, but still included the claim that his wife’s life was in danger despite the fire being “small” and “contained to the kitchen.” “They also saved my home and my wife’s life when I was away. It was the last day that the most famous guy doing ‘Meet the Press’ in Washington, D.C., and I was doing the program. And what happened was there was a lightning struck a little pond behind my house. It hit a wire and came up through the basement of my home and three stories,” Biden said of his local fire department. BIDEN FACES GRIM RE-ELECTION ODDS AS HE TRAILS LEADING GOP CANDIDATES IN TWO KEY BATTLEGROUND STATES: POLL “And the smoke literally ended up being that thick, literally that thick. You’ve seen it. You guys have seen it. I wasn’t there. And my wife was there and my dog and my cat and my ’67 corvette. But all kidding aside, they saved my wife and got her out. They saved my home,” he added. According to a 2004 report from the Associated Press, lightning struck the Bidens’ home and started a “small fire that was contained to the kitchen.” The report said firefighters got the blaze under control in 20 minutes and that they were able to keep the flames from spreading beyond the kitchen. Despite those details, Biden once told the story in a way that included the house burning down with Jill still in it. WHITE HOUSE SPURNS BIDEN FAMILY ‘CONSPIRACY THEORIES’ AHEAD OF LIKELY IMPEACHMENT INQUIRY VOTE, HUNTER BIDEN DEPOSITION Speaking on a New Hampshire bridge in 2021 about his bipartisan infrastructure plan, Biden said, “Without this bridge, as I said earlier, it’s a 10-mile detour just to get to the other side. And I know, having had a house burn down with my wife in it — she got out safely, God willing — that having a significant portion of it burn, I can tell: 10 minutes makes a hell of a difference.” Biden told the story again in August following the deadly Maui wildfires in an attempt to relate to the surviving victims who lost their homes and, in some cases, family members. “I don’t want to compare difficulties, but we have a little sense, Jill and I, of what it was like to lose a home,” Biden said. “Years ago, now, 15 years, I was in Washington doing ‘Meet the press’… Lightning struck at home on a little lake outside the home, not a lake a big pond. It hit the wire and came up underneath our home, into the…air condition ducts. KEY MCCONNELL ALLY MAKES ENDORSEMENT IN CRUCIAL SWING STATE RACE THAT COULD FLIP SENATE RED “To make a long story short, I almost lost my wife, my ’67 Corvette and my cat,” he added. He was later blasted by critics for making the comparison, with some calling it “disgusting,” and “self-centered.” The White House did not immediately respond to Fox News Digital’s request for comment. Fox News’ Jessica Chasmar and Greg Whener contributed to this report.
Israel must comply with laws of war under US weapons assistance policy, State Department says
Israel is no exception to U.S. policy that any country receiving its weapons must comply with the laws of war, the State Department said on Monday after Washington sold about 14,000 tank shells to Israel without congressional review.
Expelled U.S. Representative Santos in plea talks -court filing
U.S. prosecutors said on Monday they are engaged in plea negotiations with former U.S. Representative George Santos to resolve criminal charges ahead of trial, a court filing showed.
Tim Dunn, the powerhouse GOP donor, sells his West Texas oil company for $12 billion
Tim Dunn has used his wealth to establish a network of organizations that push his ultraconservative views across Texas. The deal comes amid a time of consolidation in the Permian Basin.
Senate likely to recess without passing Ukraine and Israel funding, sources say
The Senate is likely to leave town for the holidays without passing the Biden administration’s $106 billion national supplemental security package, three sources familiar with the talks told Fox News Digital on Monday. The package, which Biden requested from Congress in October, carves out roughly $60 billion for Ukraine, $14 billion for Israel and $14 billion for faster asylum processing at the border and more agents. The administration urged Congress to pass the supplemental by the end of the year. However, Senate Republicans have been trying to strike a deal for weeks that would include stricter border security policies — such as higher asylum standards and immediate screenings for migrants — in the package. Democrats disagree and have argued the bill should not include policy changes. GOP lawmakers in the upper chamber also want aid for Ukraine and Israel split up, signaling a shift in support for Ukraine’s defense against Russia since the Eastern European nation was first invaded in February 2022. Republicans have said Ukraine aid is contingent upon tougher border policies. “We are nowhere close to getting that passed,” one Senate aide said of the supplemental. US SENATORS TO BE BRIEFED ON UKRAINE THIS WEEK AMID HEATED NEGOTIATIONS ON EMERGENCY AID Another aide said a deal on border security is unlikely to be reached this week, but if there is one, “it will be very small.” Another source close to the talks said Sen. Majority Leader Mitch McConnell’s office said he doesn’t think a deal will be reached this week, either. “The Republicans are demanding a good border bill, and it doesn’t look like they’re gonna get it,” the source said. Last week, before Republicans blocked the supplemental bill on the floor, Sen. James Lankford, R-Okla., — one of the lead negotiators on the border talks — told Fox News Digital, “We are not moving on a supplemental until we have a way to be able to actually resolve our border security issues.” “We’re not having to solve everything on every issue, but we do have to solve the border issues to make sure that we can stop this out of control flow,” he said. Votes came 49-51, falling short of the Senate’s 60-vote threshold for passing. The failure to pass came hours after President Biden said it was “stunning” that Congress has not yet approved tens of billions in military and economic assistance for Ukraine. SEN. MARSHALL URGES GOP TO SAY ‘HELL NO’ TO SUPPLEMENTAL FUNDING REQUEST WITHOUT TIGHTER BORDER SECURITY Biden has signaled his willingness to make some compromises at the border, but has not said specifically which policies he would embrace. He has accused Republicans of wanting a political issue more than bipartisan compromise. “Republicans think they get everything they want without any bipartisan compromise,” Biden said. “Now they’re willing to literally kneecap Ukraine on the battlefield and damage our national security in the process.” Senate Minority Leader Mitch McConnell, R-Ky., and House Speaker Mike Johnson, R-La., have both previously signaled the GOP will pass more Ukraine funding if a deal is struck for tighter immigration laws. On Tuesday, Ukraine President Vladomir Zelenskyy will make a final plea in a Senate meeting at 9 a.m. ET to pass additional funding. GOP SENATOR ‘BEYOND FRUSTRATED’ NO MAJOR BILLS HAVE COME TO FLOOR YET AS DEADLINES LOOM The Senate’s last full day is expected to be Thursday, and they will not return until Jan. 9. The Associated Press contributed to this report.
Hunter Biden files to dismiss indictment on gun charges in Delaware, citing collapsed plea deal
Attorneys for Hunter Biden filed a motion Monday afternoon in federal court in Delaware to dismiss the indictment against him over gun charges, saying it “violates” the collapsed plea agreement, and maintain it is “still in effect” between the president’s son and federal prosecutors. Special Counsel David Weiss charged Hunter Biden with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance. HUNTER BIDEN PLEADS NOT GUILTY TO FEDERAL GUN CHARGES OUT OF SPECIAL COUNSEL DAVID WEISS’ PROBE The president’s son pleaded not guilty to all counts in October. At the time, his attorney Abbe Lowell hinted that the defense planned to file a motion to dismiss due to the diversion agreement on the gun charges, which he said he believed was still in effect. The diversion agreement was included as part of the original plea deal that collapsed in July. Biden was set to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax, which would allow him to avoid jail time on a felony gun charge. That deal fell apart during his last court appearance. The president’s son, in July, was then forced to plead not guilty to two misdemeanor tax charges and one felony gun charge when the deal collapsed in court. “The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution,” Lowell argued in the filing. “In exchange for Mr. Biden giving up various rights—including his Fifth Amendment right to remain silent by agreeing to the Statement of Facts drafted by the prosecution and numerous restrictions on his liberty—the prosecution agreed to provide him immunity for any offense concerning his purchase of a firearm (among other offenses).” HUNTER BIDEN INDICTED ON FEDERAL GUN CHARGES Citing the initial agreement, which Republicans have billed as a “sweetheart plea deal,” Lowell said prosecutors, in July, said they could not bring firearms charges “based on the firearm identified in the factual statement to the Diversion Agreement.” “Nevertheless, the prosecution did just that, by subsequently bringing this Indictment charging Mr. Biden with three felony firearm offenses, which all relate to the firearm identified in the Diversion Agreement’s factual statement,” Lowell continued Monday. “Because Mr. Biden gave up valuable rights as part of this contract, in exchange for the prosecution’s promise not to prosecute him, such promise must be fulfilled.” “Mr. Biden, one party, struck a deal with the prosecution, the other party, through the Diversion Agreement,” the filing continues. “As part of that Agreement, he sacrificed valuable rights in exchange for the prosecution’s agreement not to prosecute the very sort of Indictment that it has brought here.” Lowell said that the “prosecution’s desire to take political cover from the criticism leveled against it does not provide a legal basis for them to renege on the Diversion Agreement it explained to the Court it had made.” “The Court should require the prosecution to honor its agreement and dismiss the Indictment,” Lowell stated. Hunter Biden pleaded not guilty to the charges during a court appearance in October. With all counts combined, the total maximum prison time for the charges could be up to 25 years. Each count carries a maximum fine of $250,000, and three years of supervised release. IRS WHISTLEBLOWERS: HUNTER BIDEN INDICTMENT IS A ‘COMPLETE VINDICATION’ OF INVESTIGATION, ALLEGATIONS Magistrate Judge Christopher Burke, who presided over the hearing, laid out the conditions for Hunter Biden’s release, which required the president’s son to seek employment and communicate all international travel plans. Biden also is prohibited from possessing a firearm and using alcohol and drugs, and he is required to get drug tested randomly and participate in a substance abuse counseling program. Fox News first reported in 2021 that police had responded to an incident in 2018, when a gun owned by Hunter was thrown into a trash can outside a market in Delaware. A source with knowledge of the Oct. 23, 2018, police report told Fox News that it indicated that Hallie Biden, who is the widow of President Biden’s late son, Beau, and who was in a relationship with Hunter at the time, threw a gun owned by Hunter in a dumpster behind a market near a school. A firearm transaction report reviewed by Fox News indicated that Hunter purchased a gun earlier that month. On the firearm transaction report, Hunter answered in the negative when asked if he was “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.” Hunter was discharged from the Navy in 2014 after testing positive for cocaine. HERE’S WHAT’S IN HUNTER BIDEN’S NEW CALIFORNIA INDICTMENT The federal gun charges were the first charges Weiss brought against Hunter after being granted special counsel status by Attorney General Merrick Garland in August. But the move by Biden’s defense on Monday is separate from the charges the president’s son faces in California, also stemming from Weiss’ investigation. Weiss charged Biden late Thursday, alleging a “four-year scheme” when the president’s son did not pay his federal income taxes from January 2017 to October 2020 while also filing false tax reports. Weiss filed the charges in the U.S. District Court for the Central District of California. The charges break down to three felonies and six misdemeanors concerning $1.4 million in owed taxes that were since paid. This is a developing story. Please check back for updates.