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Trump hit with setback as court rules Alina Habba unlawfully served as top federal prosecutor in New Jersey

Trump hit with setback as court rules Alina Habba unlawfully served as top federal prosecutor in New Jersey

An appellate court found on Monday that Alina Habba is unlawfully serving as the top prosecutor in New Jersey, delivering a blow to President Donald Trump as he fights to keep his preferred nominees in charge of U.S. attorneys’ offices in blue states. A three-judge panel for the U.S. Court of Appeals for the 3rd Circuit said in a unanimous order that a lower court was correct to disqualify Habba, a fiery Trump loyalist who previously served as the president’s personal defense lawyer. The Trump administration’s argument would “effectively [permit] anyone to fill the U.S. Attorney role indefinitely,” the panel wrote, adding that “this should raise a red flag.”  The administration could ask for a full panel of 3rd Circuit judges to reconsider the decision, or it could turn to the Supreme Court to weigh in. Fox News Digital reached out to the Department of Justice and a Habba spokesperson for comment. TRUMP APPOINTS HABBA AS ‘ACTING’ US ATTORNEY AFTER JUDGES OUSTED HER The three-judge panel heard arguments on Habba’s appointment in October and grilled a DOJ lawyer over the unconventional way Trump and Attorney General Pam Bondi reinstalled Habba as U.S. attorney after her initial, temporary appointment expired. Habba is one of several names who became jammed up in court proceedings over allegations that Trump sidestepped the Senate and improperly exploited loopholes in federal vacancy laws to keep his preferred prosecutors in place. Habba’s case was the furthest along in the court process, but Lindsey Halligan and Bill Essayli, temporary U.S. attorneys in Virginia and California, respectively, are among those also facing high-stakes court challenges to their appointments. A federal judge found last week that Halligan was unlawfully serving in her role, but the administration has vowed to appeal the decision. The panel that heard Habba’s case comprised two appointees of former President George W. Bush and an appointee of former President Barack Obama. TRUMP’S US ATTORNEYS IN BLUE STATES FACE LEGAL CHALLENGES THAT COULD UPEND KEY PROSECUTIONS The judges had voiced skepticism of DOJ lawyer Henry Whitaker’s claims that Bondi had authority to fill the vacancy for the U.S. attorney of New Jersey after Trump fired the court-appointed one. Whitaker said the administration simply took advantage of “overlapping mechanisms” afforded to it by Congress. “In this case, the executive branch admittedly took a series of precise and precisely timed steps not to evade or circumvent those mechanisms but rather to be scrupulously careful to comply with them,” Whitaker said. One of the judges said during the oral arguments that he viewed Habba’s case as unusual and possibly unconstitutional. “Would you concede that the sequence of events here, and for me, they’re unusual, would you concede that there are serious constitutional implications to your theory here, the government’s theory, which really is a complete circumvention, it seems, of the appointments clause?” the judge asked. Veteran D.C. lawyer Abbe Lowell, known for his involvement in lawsuits challenging the Trump administration, represented the defendants contesting Habba’s appointment. Two sets of defendants facing run-of-the-mill charges brought the challenge to Habba, saying she should not be allowed to prosecute them because she was an invalid U.S. attorney. TRUMP NOMINEES SQUEEZED BETWEEN ‘BLUE SLIPS’ AND BLUE OBSTRUCTION Habba had no path to Senate confirmation, in part because New Jersey’s Democratic senators, Cory Booker and Andy Kim, did not approve of her through the Senate’s blue slip tradition. That precedent has drawn Trump’s ire as Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, stands firmly behind blue slips, which require home state senators to approve of U.S. attorney and district judge nominees. Trump recently conveyed, through his firing of former U.S. Attorney Erik Siebert, that earning Democratic senators’ approval could be disqualifying in his view, setting up a stalemate with the upper chamber over his nominees in blue states.

Reporter’s Notebook: Tennessee special election eyed as Trump referendum ahead of midterms

Reporter’s Notebook: Tennessee special election eyed as Trump referendum ahead of midterms

We’ll know Wednesday morning if a special election in Tennessee is truly a referendum on country music, pedal taverns and bachelorettes. Or, we can divine a deeper political meaning from the results of the special election in Tennessee’s 7th Congressional District. Democrat Aftyn Behn is trying to tip the scales in favor of her party in a district which President Donald Trump carried by about 20 points and former Rep. Mark Green, R-Tenn., won by a similar percentage last fall. Behn faces GOPer Matt Van Epps. It’s a Republican district. But political observers are watching the race to gauge potential weakness by Trump, a softness in the Trump coalition, issues with the Republican brand or early indications of a possible blue wave in the 2026 midterms. TENNESSEE DEMOCRATIC CANDIDATE DODGES QUESTIONS ON PAST SUPPORT FOR DEFUNDING POLICE IN CONTENTIOUS INTERVIEW It was Behn who proclaimed that she abhorred Nashville several years ago. “I hate the bachelorettes, I hate the pedal taverns, I hate country music. I hate all the things that make Nashville apparently an ‘it city,’” complained Behn. About all Behn left out in her animus toward Music City was dissing The Grand Ole Opry, hot chicken and Goo Goo Clusters. But if voters go goo goo over Behn Tuesday, Republicans face a cluster of another sort. A Behn victory may signal major problems for Republicans and President Trump heading into the midterms. Behn is characterized as the “AOC of Tennessee,” a reference to progressive Rep. Alexandria Ocasio-Cortez, D-N.Y. Republicans have been sure to boomerang that against Behn, suggesting she’s not in tune with the district, leans too far to the left, and is closer to the liberal values of New York or Los Angeles than Nashville. Republicans believe Behn is just a bad fit for Nashville. Kind of like having Bad Bunny perform at the Ryman Auditorium.  “It shouldn’t even be close, but it is,” mused Rep. Tim Burchett, R-Tenn., on Fox. So Republicans are pouring in money to protect the seat. Democrats are pouring in money to steal the seat. If Democrats pull off the upset, the party should uproot the goalposts at FirstBank Stadium in downtown Nashville and dump it in the Cumberland River. Kind of what Vanderbilt fans did last year when the Commodores upset No. 1-ranked Alabama.  FIRST ELECTION TEST FOR TRUMP’S TERM SURPRISINGLY CLOSE IN FL, GOP LOOKS TO INCREASE RAZOR-THIN HOUSE MAJORITY  Let’s explore what a Behn win might mean for Republicans. It could indicate that voters are tiring of Trump. Or that the GOP brand is toxic. Or perhaps it’s the continuation of a trend which Democrats enjoyed this fall: near blowout wins by New Jersey Gov.-elect Mikie Sherrill and Virginia Gov.-elect Abigail Spanberger. But there’s a downside for Democrats. Yes. They may flip the seat. But a win may also show that the party is tilting more to the left. It would be hard to argue with success if Behn prevails, regardless of her progressive streak. But this may give other liberals ideas that they can win in other red or purple districts. That may work against Democrats — especially since every Republican, except President Trump, has highlighted the left-wing politics of New York Mayor-elect Zohran Mamdani. Democrats probably need to run more centrist candidates in purple areas to regain control of the House. A Behn victory could open the floodgates for a host of progressive candidates in competitive House districts nationwide. Behn’s message — or that of Ocasio-Cortez or Mamdani — won’t work in most places where Democrats need to be successful to seize control of the House. But what if Republicans hold the seat and Van Epps wins? It probably depends by how much. TRUMP IGNORES ELECTIONS AS DEMOCRATS STUMBLE ON THE WAY TO LIKELY VICTORIES Yes, there were five special elections in 2017 — the first year Trump was originally in office — which Democrats made competitive. All were closer than they should have been. But Democrats didn’t win any of them. Still, astute political observers suggested there was unpopularity with the president and the GOP agenda. Democrats won 40 seats and gained control of the House in the 2017 midterms. So, even if Van Epps wins, examine the margin. And if Behn wins, see if Republicans downplay it because it was a special election and the customary electorate just doesn’t turn out for special elections. Especially one wedged between Thanksgiving and Christmas. If Republicans hold the seat, the GOP will argue this was a repudiation of a leftist like Behn and someone who was out of step. They will also suggest that it’s a GOP seat and Republicans should win anyway. That’s what happened earlier this year when there was consternation before two Florida special elections. But Florida Republican Reps. Randy Fine and Jimmy Patronis both won in March. Here’s another factor which bears watching: the message the press corps and political observers glean from the election results. After all, special elections are always special. It’s natural for analysts and journalists to search for particular meanings or signposts in these contests. Such was the case with the off-year elections in New Jersey, Virginia and New York City. Sometimes these observations are spot-on. Other times, they mean nothing. If anything, there is a tendency to over-illuminate the outcomes of these contests. They are moments in time. Kind of like listening to a few bars of a song. Maybe it tells you a lot about the song. Maybe not. SETTING THE STAGE: WHAT THE 2025 ELECTIONS SIGNAL FOR NEXT YEAR’S MIDTERM SHOWDOWNS House Republicans could well freak out if Behn is victorious. There’s lots of grumbling among Republicans. Some are frustrated by how their leadership handled the government shutdown. And others could follow Green and Rep. Marjorie Taylor Greene, R-Ga., and hit the exits early. This is a fragile time for House Republicans. That’s one reason why a flip of this seat could mean a little bit more. Still, it’s rare to flip seats in House special elections. Former Rep.

Trump offers to release his October MRI results, insists scan wasn’t of his brain

Trump offers to release his October MRI results, insists scan wasn’t of his brain

President Donald Trump told reporters aboard Air Force One Sunday that he would release the results of an MRI he had done in October. “If they want to release it, it’s OK with me to release it,” Trump said. “It’s perfect.”  “If you want to have it released, I’ll release it,” he told reporters as he traveled back to Washington, D.C., after spending the Thanksgiving weekend at Mar-a-Lago. A reporter asked Trump what part of the body the MRI was focused on in the scan. WHITE HOUSE PROVIDES TRUMP HEALTH UPDATE AFTER MRI SCAN CONCERNS SWIRLED  “I have no idea,” the president responded. “What part of the body? It wasn’t the brain because I took a cognitive test and I aced it. I got a perfect mark.” The White House released a memo on Oct. 10 from Sean Barbabella, the White House physician, that said Trump underwent advanced imaging as part of a scheduled follow-up evaluation at Walter Reed National Military Medical Center. Barbabella said the evaluation was part of the president’s ongoing health maintenance plan and included laboratory testing and preventive health assessments. “Comprehensive laboratory studies performed in conjunction with the visit were exceptional, including stable metabolic, hematologic, and cardiac parameters,” the memo read in part. TRUMP SAYS HE WOULD ‘ABSOLUTELY’ REVOKE CITIZENSHIP FROM NATURALIZED CRIMINALS – IF HE HAS THE AUTHORITY A reporter previously asked White House press secretary Karoline Leavitt in early November at a White House press briefing about releasing the results of the MRI because it is a very specific procedure and not generally routine.  “As I said, I’ll check back for you,” Leavitt responded.

War Sec Pete Hegseth shares meme of children’s book character firing on narco terrorist drug boat

War Sec Pete Hegseth shares meme of children’s book character firing on narco terrorist drug boat

As the Trump administration conducts deadly strikes against alleged drug boats of narco-terrorists, War Secretary Pete Hegseth posted a meme depicting the children’s book series character Franklin firing a weapon at such a vessel. “For your Christmas wish list…” Hegseth joked when sharing the fake book cover. The meme shows the turtle character in a helicopter, firing what appears to be an RPG at one of the boats in the water below. The RPG fired by Franklin flies toward the vessel, where there is already an explosion occurring. HEGSETH DEFENDS LETHAL STRIKES AGAINST ALLEGED DRUG TRAFFICKERS: ‘BIDEN CODDLED TERRORISTS, WE KILL THEM’ “Franklin Targets Narco Terrorists,” the title on the fake book cover reads. Democratic Rep. Seth Moulton of Massachusetts, who is running for Senate, blasted Hegseth.  WAR SECRETARY PETE HEGSETH SPENDS THANKSGIVING WITH US TROOPS IN LATIN AMERICA: ‘WE ARE GRATEFUL FOR YOU’ “You’re a disgrace,” he wrote. “There’s nothing Christian about war crimes,” former Rep. Justin Amash wrote in response to Hegseth’s post. WAR SECRETARY HEGSETH DELIVERS THANKSGIVING MESSAGE TO TROOPS CLICK HERE TO GET THE FOX NEWS APP “As we’ve said from the beginning, and in every statement, these highly effective strikes are specifically intended to be ‘lethal, kinetic strikes.’ The declared intent is to stop lethal drugs, destroy narco-boats, and kill the narco-terrorists who are poisoning the American people. Every trafficker we kill is affiliated with a Designated Terrorist Organization,” Hegseth wrote in part of a recent post on X.

Trump forces Indiana GOP into redistricting reversal in race to draw new MAGA map

Trump forces Indiana GOP into redistricting reversal in race to draw new MAGA map

The Republican-controlled Indiana House returns to session on Monday to take action on congressional redistricting pushed by President Donald Trump. And the GOP-dominated state Senate, in a major reversal, will reconvene in one week to “make a final decision on any redistricting proposal sent from the House.” The proposed new map would create another GOP-leaning congressional district in the solidly Republican Midwestern state. Indiana is the latest battlefield in the high-stakes redistricting showdown pitting Trump and Republicans versus Democrats to shape the 2026 midterm landscape as the GOP defends its razor-thin House majority. TRUMP TURNS UP HEAT ON FELLOW REPUBLICANS IN PUSH TO REDRAW CONGRESSIONAL MAPS AHEAD OF MIDTERMS State House Speaker Todd Huston announced last week that “House Republicans will gavel in on Monday, Dec. 1, reconvening the 2026 regular session. All legislative business will be considered beginning next week, including redrawing the state’s congressional map.” Despite pressure from Trump and his political team, Rodric Bray, the Republican leader in the Indiana Senate, announced two weeks ago that there wasn’t enough support in the chamber to move forward with redistricting. DEEP-POCKETED CONSERVATIVE GROUP ‘ALL IN’ ON HELPING TRUMP REDISTRICTING PUSH Trump, in response, repeatedly threatened to back primary challenges against state Republican lawmakers who didn’t support his congressional redistricting push. “A RINO State Senator, Rodric Bray, who doesn’t care about keeping the Majority in the House in D.C., is the primary problem. Soon, he will have a Primary Problem, as will any other politician who supports him in this stupidity,” Trump warned in a recent social media post. Bray confirmed in a statement last week that the state Senate would return into session to take action on whatever redistricting proposal passes the House. “The issue of redrawing Indiana’s congressional maps mid-cycle has received a lot of attention and is causing strife here in our state. To resolve this issue, the Senate intends to reconvene as part of the regular 2026 session on Dec. 8,” Bray wrote. Republicans currently control seven of Indiana’s nine congressional districts, and any new map passed by the GOP supermajority in the legislature would likely shift the state’s 1st Congressional District from blue-leaning to a red-leaning seat. Trump has been twisting elbows in his attempt to make Indiana the latest Republican-controlled state to change their congressional maps. The president has called state lawmakers and Vice President JD Vance visited the state twice earlier this autumn to discuss redistricting. TRUMP TARGETS RED STATE REPUBLICAN LAWMAKERS IN PUSH FOR CONGRESSIONAL REDISTRICTING Trump has also taken some jabs at Republican Gov. Mike Braun of Indiana, arguing that the governor “perhaps, is not working the way he should to get the necessary Votes.” While Trump has called Braun “a good man,” he has warned he “must produce on this, or he will be the only Governor, Republican or Democrat, who didn’t.” But Braun, pointing to the president, has touted that he is “committed to standing with him on the critical issue of passing fair maps in Indiana to ensure the MAGA agenda is successful in Congress.” NEWSOM TAKES VICTORY LAP AFTER LANDSLIDE REDISTRICTING VICTORY IN CALIFORNIA The push by the president in Indiana is part of a broad effort by Trump’s political team and the GOP to pad the party’s razor-thin House majority ahead of the midterms, when the party in power traditionally faces political headwinds and loses seats. Trump is aiming to prevent what happened during his first term in the White House when Democrats reclaimed the House majority in the 2018 midterm elections. Texas, Missouri, North Carolina and Ohio have drawn new maps as part of the president’s push. And Florida and Kansas are also mulling redrawing their maps. “We must keep the Majority at all costs,” Trump wrote recently. But two federal judges in Texas delivered a blow to Trump and Republicans, by ruling that the state can’t use the newly drawn map in next year’s elections. The Supreme Court put in place a temporary stay on the ruling, ahead of weighing in on the dispute. Meanwhile, Democrats are fighting back. California voters a month ago overwhelmingly passed Proposition 50, a ballot initiative which will temporarily sidetrack the left-leaning state’s nonpartisan redistricting commission and return the power to draw the congressional maps to the Democrat-dominated legislature. That is expected to result in five more Democratic-leaning congressional districts in California, which would counter the passage earlier this year in Texas of a new map that aims to create up to five right-leaning House seats. Illinois and Maryland, two blue states, and Virginia, where Democrats control the legislature, are also taking steps or seriously considering redistricting. And in a blow to Republicans, a Utah district judge last month rejected a congressional district map drawn up by the state’s GOP-dominated legislature and instead approved an alternate that will create a Democratic-leaning district ahead of the 2026 midterm elections.

Trump says he would ‘absolutely’ revoke citizenship from naturalized criminals — if he has the authority

Trump says he would ‘absolutely’ revoke citizenship from naturalized criminals — if he has the authority

President Donald Trump on Sunday said his administration’s halt on asylum processing in the wake of the deadly National Guard shooting earlier this week could last “a long time” and floated the possibility of revoking citizenship from some naturalized immigrants with criminal histories. While the administration has framed the asylum freeze as an emergency response to Wednesday’s shooting, the president’s comments to reporters aboard Air Force One suggest the restrictions could evolve into a longer-term approach. President Trump tied the pause to a more robust stance toward 19 countries he derided as “crime-ridden” and vowed that he would “absolutely” de-naturalize immigrants convicted of crimes — if it is within his presidential authority. “We have enough problems. We don’t want those people,” Trump said, adding that there was no time limit on the moratorium. TRUMP HIGHLIGHTS FEDERAL LAW GRANTING PRESIDENTIAL POWER TO HALT IMMIGRATION AS CRACKDOWN ESCALATES “We have criminals that came into our country and they were naturalized,” Trump said, vowing that, “If I have the power to do it – I’m not sure that I do, but if I do – I would de-naturalize. Absolutely.” Trump clarified his recent use of the term “reverse migration,” saying it means removing people already inside the U.S. “Get people out that are in our country – get them out of here,” Trump said. LAW ENFORCEMENT RESPONDING AFTER 2 NATIONAL GUARD MEMBERS SHOT NEAR WHITE HOUSE Rahmanullah Lakanwal, a 29-year-old Afghan national, is charged with shooting two West Virginia National Guard members just blocks from the White House on Wednesday. U.S. Army Spc. Sarah Beckstrom, 20, was killed, while her colleague, U.S. Air Force Staff Sgt. Andrew Wolfe, 24, remains in critical condition. Both Guard members had been deployed to D.C. as part of Trump’s crime-fighting mission that federalized D.C. police. Trump said he has invited both Guard members’ family members to the White House. “I said, ‘When you’re ready, because that’s a tough thing, come to the White House. We’re going to honor Sarah,’” Trump told reporters. “And likewise with Andrew, recover or not.” Lakanwal faces one count of first-degree murder and two counts of assault with intent to kill while armed in the shooting, charges that prompted the Trump administration to halt all asylum decisions and pause issuing visas for people traveling on Afghan passports.