GOP lawmakers warned Mayorkas about crime risk from Venezuelan illegal immigrants but never got a response
FIRST ON FOX: Republican lawmakers cautioned Homeland Security Secretary Alejandro Mayorkas about the crime risk involved with Venezuelan illegal immigrants crossing the southern border nearly a year and a half ago but never received a response, Fox News Digital has learned. In September 2022, Republican Reps. Troy Nehls of Texas, Byron Donalds of Florida, Lauren Boebert of Colorado, and Tom Tiffany of Wisconsin wrote to Mayorkas regarding a Homeland Security intelligence report informing U.S. Customs and Border Patrol agents to keep an eye out for violent criminals from Venezuela in the migrant caravans marching towards the border. The group says Mayorkas did not respond to the letter, and now they are again attempting to get answers from the Homeland Security chief as reports emerge showing some of those very migrants have committed severe crimes in the United States. “As you know, in September 2022, the Venezuelan regime, under the control of Nicolás Maduro Moros, was reportedly releasing violent prisoners early, including inmates convicted of ‘murder, rape, and extortion,’ and pushing them to join caravans heading to the United States,” the lawmakers wrote in a Thursday letter to Mayorkas. “Since then, we have seen the tragic consequences of allowing Venezuelan nationals into the interior of the United States.” DUELING BIDEN, TRUMP VISITS TO BESIEGED BORDER COME AMID FRESH SLEW OF VIOLENT CRIMES BY ILLEGAL IMMIGRANTS “Our country is also facing the effects of Venezuelan gangs, posing as asylum seekers, who are turning our cities into war zones,” they wrote. “Specifically, the Venezuelan Tren de Aragua gang, known for torturing victims, has established its presence in New York City. This Venezuelan robbery gang recruits its new members from migrant shelters and off migrant busses, where they have committed more than 60 robberies in New York City, including the aggravated robbery of a woman in her 60s, who was dragged down the sidewalk and slammed into a pole, sustaining injuries.” The lawmakers pointed to how half a million Venezuelans have entered the country illegally. They further noted reports have indicated “Venezuela is refusing to cooperate with deportation requests after President Biden reimposed some of the economic sanctions it had previously lifted on Venezuela.” “If Venezuela does not want these Venezuelans back, it is common sense that we do not want them here,” they wrote. “In addition to answering the questions in our September 2022 letter that were never addressed, we urge you to prevent Venezuelans from entering our interior and immediately deport those you have released, pending immigration proceedings.” “We cannot continue to apologize to families for the tragic consequences of your disastrous border policies without action,” they continued. “Therefore, we encourage you to initiate a moratorium on all Venezuelan migration until they agree to cooperate with deportation requests.” WHITE HOUSE CALLS FOR SANCTUARY CITIES TO COOPERATE WITH ICE AMID FUROR OVER ILLEGAL IMMIGRANT CRIMES The letter comes on the heels of reports showing violent crimes committed by Venezuelan migrants. An illegal immigrant originally from Venezuela has been charged in connection with the violent murder of Georgia nursing student Laken Riley on the University of Georgia campus on Thursday. Jose Antonio Ibarra, 26, the suspect, was released into the U.S. via parole, three ICE and DHS sources told Fox News. In Virginia, a Venezuelan illegal immigrant was arrested in connection with a sexual assault on a minor. In Chicago, four immigrants from Venezuela were recently arrested for allegedly robbing and beating a man on a CTA train in the city. And in New York, police are attempting to crack down on the Venezuelan Tren de Aragua gang mentioned in the letter that law enforcement says is responsible for dozens of robberies. DHS did not respond to Fox News Digital’s request for comment.
Trump says he spoke to ‘devastated’ parents of Laken Riley, blasts Biden for border crisis ‘like a war’
Former President Trump said he spoke with the “devastated” parents of Laken Riley — the Georgia nursing student who was brutally murdered, allegedly by an illegal migrant — saying he is “not going to forget her,” and blasting President Biden for “never” saying her name. The former president began his remarks from the border Thursday afternoon by saying he spoke to the parents of Riley, who he described as “an incredible young lady.” “The parents are devastated and they’re incredible people,” he said. “This is a Joe Biden invasion. A Biden invasion. I call him crooked Joe… the most incompetent president we’ve ever had.” Trump’s visit to the border coincided with President Biden’s own trip to a different section of the border between Texas and Mexico. Biden did not mention Riley in his public remarks. Trump detailed the brutal murder of 22-year-old nursing student Riley last week. “A beautiful 22-year-old nursing student from Georgia was barbarically attacked. She was on a morning run… she was a beautiful young woman,” he said. “I spoke to her parents yesterday, they are incredible people. They are devastated beyond belief. She was so beautiful in so many ways.” Trump said she was “brutally assaulted, horrifically beaten, kidnaped, and savagely murdered.” “The monster, the charge, charged in the death is an illegal alien migrant who was led into our country and released into our communities by Crooked Joe Biden,” Trump said, adding that he “took the name from Hillary because she’s no longer relevant I guess.” Trump, the 2024 GOP frontrunner, visited Eagle Pass, Texas, Thursday and toured Shelby Park with Texas Gov. Greg Abbott and state officials. He also received a briefing and met with Texas officials, as well as Brandon Judd, the president of the National Border Patrol Council. The former president and 2024 GOP frontrunner also met with Texas National Guard leadership. Trump made remarks Thursday following the briefing and tour, slamming Biden for being “incompetent,” and for destroying the “most secure border in history” under his administration. “I call him Crooked Joe because he’s crooked and he’s a terrible president, the worst president our country has ever had, probably the most incompetent president we’ve ever had,” he continued. “But it’s allowing thousands and thousands of people to come in from China, Iran, Yemen, the Congo, Syria and a lot of other nations.” Trump said many of those crossing are “entire columns of fighting-aged men.” Trump added that the border crisis “is like a war… it’s a military operation.” Riley, a 22-year-old nursing student from Augusta University, was found dead on the University of Georgia campus Thursday after her roommate reported to authorities that she had not returned home from her morning run. ICE CONFIRMS GEORGIA STUDENT MURDER SUSPECT ENTERED US ILLEGALLY, WAS PREVIOUSLY ARRESTED IN NYC The University of Georgia Police Department arrested Jose Antonio Ibarra and charged him with malice murder, felony murder, aggravated battery, aggravated assault, false imprisonment, kidnapping, hindering a 911 call and concealing the death of another, UGA Police Chief Jeffrey L. Clark said during a news briefing Friday evening. The suspect is not a U.S. citizen. Immigration and Customs Enforcement (ICE) on Sunday confirmed that the Venezuelan national entered the U.S. illegally in 2022 and had previously been arrested in New York City. In a statement to Fox News Digital, ICE confirmed he had been encountered by Customs and Border Protection (CBP) in August 2022, after entering near El Paso and was “paroled and released for further processing.” ICE also confirmed that Ibarra had been arrested by the New York Police Department a year later, on Sept. 14, 2023, and “charged with acting in a manner to injure a child less than 17 and a motor vehicle license violation.” When ICE learns that what it believes to be a removable illegal immigrant has been arrested on criminal charges, the agency will normally lodge a detainer — a request asking local law enforcement to keep the suspect in custody until they can be transferred to ICE and put into deportation proceedings. LAKEN RILEY MURDER SUSPECT JOSE IBARRA LIVED WITHIN 5-MINUTE WALK OF UGA CRIME SCENE In this case, however, ICE’s statement says Ibarra was released before a detainer could be issued. NYC is also a “sanctuary city,” which generally restricts law enforcement from complying with ICE detainers. This is a developing story. Please check back for updates.
Texas AG Paxton teases primary challenge to Cornyn as senator announces leadership bid
Embattled Texas Attorney General Ken Paxton, a Republican, teased a potential 2026 primary challenge to Texas Sen. John Cornyn after the lawmaker announced his bid to succeed Minority Leader Mitch McConnell come November. Paxton took to X, formerly Twitter, Wednesday night — prior to Cornyn revealing his intention to run for leader — addressing speculation about it. Paxton said the senator would have difficulty remaining in his role “since he is anti-Trump, anti-gun, and will be focused on his highly competitive primary campaign in 2026.” Despite Paxton’s claim, Cornyn endorsed former President Trump for president last month, calling on Republicans to rally around him. FEDERAL JUDGE RULES ON TEXAS LAW ALLOWING STATE POLICE TO ARREST ILLEGAL BORDER CROSSERS The attorney general’s accusation of Cornyn being “anti-gun” is likely a reference to his involvement in crafting and bolstering the Bipartisan Safer Communities Act, a gun reform bill taken up following the Uvalde elementary school shooting in the Lone Star state. Cornyn pioneered the bill alongside senators Kyrsten Sinema, I-Ariz., Chris Murphy, D-Conn., and Thom Tillis, R-N.C. HOUSE PUNTS GOVERNMENT SHUTDOWN DEADLINE AFTER JOHNSON FORCED TO SEEK DEM SUPPORT AGAIN Paxton didn’t note in his post who would be competing against Cornyn in a primary, but he also hasn’t dismissed speculation he would challenge Cornyn. Representatives for Paxton did not respond to Fox News’ inquiries about a potential Senate run. “Republicans deserve better in their next leader and Texans deserve another conservative Senator,” Paxton wrote on X. “Hard to run from prison, Ken,” Cornyn posted to X shortly afterward, referencing Paxton’s legal trouble. In April, the attorney general heads to trial on charges related to securities fraud in a case that has been delayed since an initial indictment more than eight years ago. Paxton was acquitted late last year of 16 articles of impeachment that alleged various acts of bribery and corruption following a highly publicized Texas Senate trial. After McConnell’s surprise announcement Wednesday that he would step down as Republican Senate leader, Cornyn told reporters, “Not today,” noting the day “is about Mitch McConnell.” But, he added, “I’ve made no secret about my intentions.” On Thursday morning, the Texas Republican announced his bid for leader of the Republican conference. “I am asking my Republican colleagues to give me the opportunity to succeed Leader McConnell,” Cornyn said in a statement. JORDAN SUBPOENAS MAYORKAS FOR DOCUMENTS ON MIGRANT SURGE, RAZOR WIRE CUTTING “I believe the Senate is broken — that is not news to anyone,” he said. “The good news is that it can be fixed, and I intend to play a major role in fixing it.” Cornyn was the first to announce his campaign for the role, though several others are expected to join the race. Paxton responded to the news on X, posing a poll to his followers. “John Cornyn has waved the white flag on election integrity, border security, protecting the 2nd amendment, and everything else constitutional conservatives care about. Do you think he’s conservative enough to lead Republicans in the Senate?” Paxton asked. The poll had received more than 13,000 votes by the afternoon, with the overwhelming majority saying “No.” Cornyn’s office declined to comment when reached by Fox News Digital. Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.
Texas will appeal ruling to block law allowing police to arrest illegal immigrants, Abbott says
Texas will appeal a ruling by a federal judge to block the state from enforcing a law that would make illegal immigration a state crime, Gov. Greg Abbott said Thursday, further escalating his legal fight with the Biden administration. Hours earlier, U.S. District Judge David A. Ezra of the Western District of Texas granted a preliminary injunction to block Texas’ Senate Bill 4 from taking effect next week. The law would allow state authorities to arrest and jail illegal immigrants, and would give state judges the power to order deportations. In his ruling, Ezra wrote that states “may not exercise immigration enforcement power except as authorized by the federal government.” TEXAS GOV. ABBOTT SIGNS BILL MAKING ILLEGAL IMMIGRATION A STATE CRIME Abbott, who has said Texas will enforce immigration laws within its borders in the absence of federal enforcement, said Texas has a constitutional right to defend itself. “Texas will immediately appeal this decision, and we will not back down in our fight to protect our state – and our nation – from President Biden’s border crisis,” he said in a statement. “ “The President of the United States has a constitutional duty to enforce federal laws protecting states, including laws already on the books that mandate the detention of illegal immigrants,” he added. “Texas has the right to defend itself because of President Biden’s ongoing failure to fulfill his duty to protect our state from the invasion at our southern border.” Ezra, a Reagan appointee, acknowledged that the case will ultimately be decided by the U.S. Supreme Court, Abbott said. TEXAS HAS SPENT NEARLY $150M BUSSING MIGRANTS TO ‘SANCTUARY’ CITIES: REPORT Senate Bill 4 was signed by Abbott into law in December. At the time, he said the aim of the legislation was to “stop the tidal wave of illegal entry into Texas.” The injunction came in response to a lawsuit by immigration and civil rights groups. Under the law, migrants in Texas law enforcement custody could either agree to a deportation order or be prosecuted for misdemeanor charges of illegal entry into the U.S. Those who don’t comply could face felony charges. The law was one of several moves by Texas to curb the flow of migrants into the state. Abbott has repeatedly accused the Biden administration of failing to enforce immigration laws amid record numbers of migrant entries and encounters at the southern border. Other measures taken by Texas authorities include the installation of barriers on the Rio Grande, leading to a separate legal fight with the federal government, and the bussing of thousands of migrants to Democratic-controlled cities across the country. In a post on X, formerly Twitter, Abbott said he wasn’t worried about Thursday’s ruling. “This was fully expected,” he wrote. “Texas has solid legal grounds to defend against an invasion.”
South Carolina lawmakers debate electing judges; no big changes expected
After months of just talking among themselves, lawmakers in South Carolina are finally debating making changes in how the General Assembly chooses judges. Senators on Thursday took up a bill altering the procedure for picking who sits on the bench. But there are plenty of warnings that wholesale changes aren’t going to happen in the process by which the General Assembly votes on judges from the Supreme Court down to the Circuit Court. SOUTH CAROLINA MAN ARRESTED FOR THREATENING JUDGE: ‘I’LL RIP YOUR FACE OFF’ Off the table appear to be changes like having judges get chosen in popular elections or having the governor appoint judges either with or without approval from lawmakers. Those big alterations would require a voter-approved constitutional amendment which starts with a two-thirds vote in the General Assembly. Instead, the bill in the Senate mostly concentrates on smaller changes with the Judicial Merit Selection Commission, a group of legislators and lawyers who do extensive investigations into judicial candidates, a process that entails examining everything from their finances to their temperament to their knowledge of the law. The bill would remove the cap of three nominees the commission sends to the General Assembly. Instead, all qualified candidates would go forward. It would also alter the makeup of the commission to allow appointments from the governor, the chief justice and a group of both prosecutors and defense attorneys. The Senate spent less than an hour debating Thursday and mostly listened to a description of the bill. Republican Senate Majority Leader Shane Massey told senators to be ready for at least two full days of debate while the bill’s supporters promised to discuss a number of possible changes. But big changes appear unlikely even after hours of hearings in House committees this year about how people in the state have lost faith in the system. There were stories of judicial candidates being pressured to drop out of elections to prevent embarrassment. Others discussed how lawmakers would delay cases by abusing their legislative immunity to stay out of court if they have legislative work. Some called for attorneys who are lawmakers to either be removed from the screening commission or from electing judges period because as lawyers they could end up arguing cases before judges who owe their job to a General Assembly election. The legislators on the commission — all of whom are lawyers — struck back, saying some of the stories weren’t true and others were at best isolated cases blown out of proportion. “This is not an indictment of the current system,” said Republican Sen. Greg Hembree as he explained the bill on Thursday. Hembree isn’t on the screening commission. Most of the hearings were in the House, which came up with a list of things it would like to change, but hasn’t acted on that with a proposal yet. And time is an enemy of any proposal. The General Assembly adjourns in early May and the whole reform idea would have to start at square one in 2025 if it doesn’t pass and get signed by the governor. Since those hearings, supporters of the system have gotten some high-profile help from throughout the legal system. At a Senate Judiciary Committee meeting on Tuesday, former Chief Justice Jean Toal said South Carolina elects remarkably well-qualified judges and the Legislature-elected system, shared only with Virginia, is vastly superior to public election of judges and all the problems with independence and competency that system causes. “The system is good. but changing pieces of it — not throwing out the baby with the bathwater — is the way to go,” said Toal, who was the state’s first woman to serve as chief justice and was on the state Supreme Court for 27 years. “The best regulation is self-regulation,” Toal told the senators several times. Democratic Sen. Dick Harpootlian, a lawyer for five decades who is pushing for more reforms, gently pushed back on Toal. CLICK HERE TO GET THE FOX NEWS APP “I’m afraid, as we’ve seen with legislators in the past, not all of them are susceptible to that self-regulation,” Harpootlian said.
Wisconsin Gov. Evers signs deer hunt license price hike into law
Gov. Tony Evers signed a bill Thursday that raises the cost for bow and crossbow deer hunting licenses for out-of-state residents. WISCONSIN DEMOCRAT GOVERNOR ASKS REPUBLICANS TO RELEASE $125M TO COMBAT ‘FOREVER CHEMICALS’ POLLUTION The Republican-authored measure raises the cost of the licenses by an additional $35 to $200. The state Department of Natural Resources estimates the increase will generate an additional $543,200 annually for the state’s fish and wildlife account. The DNR has projected that dwindling license sale revenue will leave the account with a nearly $16 million deficit heading into the next state budget. The Senate and Assembly both passed the bill unanimously earlier this month.
‘Woefully silent’ AOC blasted in Times Square billboard warning of ‘Trojan horse’ China threat
A new book on China from bestselling author Peter Schweizer is being advertised on a Times Square billboard taking aim at Democratic Rep. Alexandria Ocasio-Cortez for what the book argues is a soft stance on the CCP’s threats. The Times Square billboard, promoting Schweizer’s book “Blood Money: Why the Powerful Turn a Blind Eye While China Kills Americans,” shows a photo of Ocasio-Cortez, a member of the progressive “Squad” wing of House Democrats, with the caption “AO-CCP.” “The Chinese military is weaponizing TikTok to target American children,” the billboard says. “AOC argued against a TikTok ban…On TikTok!” “TikTok is something that while we’re having this debate in our country about whether it poses a threat, there is no debate in China,” Schweizer, president of the Government Accountability Institute, told Fox News Digital. “They see it as a Trojan horse.” SCATHING DETAILS REVEAL WHY BIDEN APPEARS ‘SILENT’ ON CHINA’S ROLE IN FENTANYL CRISIS: BOOK “So we wanted to capture the importance of TikTok and also, AOC is from New York and we feel like she has been woefully silent on so many issues, whether it’s fentanyl, whether it’s TikTok, and she does not see China as a threat. So we thought it was important to highlight that.” Ocasio-Cortez has been criticized by some for opposing a ban on TikTok despite concerns from experts and government officials that the platform, owned by the Chinese company ByteDance, is being used by the CCP to harvest data for nefarious purposes. ‘THIS SCARES ME’: AS CHINA WATCHES, THIS DECORATED VETERAN SOUNDS ALARM ON AN AMERICA STRETCHED TO ITS LIMITS “Congresswoman Alexandria Ocasio-Cortez came out against banning TikTok, declaring that it ‘doesn’t feel right’ in part because other social media companies collect data, too,” Schweizer writes in the book. “She never addressed the fact that because TikTok is controlled by the Chinese state, it represents a very different challenge than that of an American tech company. “She also expressed no concerns about the propaganda and social manipulation aspects of the platform. Later it was revealed that the Hispanic Caucus Foundation, where she sits on the Advisory Council, received a $150,000 contribution from ByteDance. And a TikTok lobbyist sat on the organization’s board of directors.” Furthermore, Schweizer argues in his book that China is using TikTok as part of a broader plan to spread division and cause chaos in the United States. “I’ve got a section in the book on what they’re doing on social media,” Schweizer explained. HOUSE REPUBLICANS TOUT NEW BILL AS ‘STRONGEST’ ANTI-CCP MEASURE IN HISTORY “They have a very extensive campaign where they’ve got literally thousands of Chinese officers others who create hundreds of thousands of social media accounts where they pose as Americans and they go on our social media and basically half of them will write messages about how America is just a helplessly racist society and the other half of them will be putting up posts about I only like white people and the purpose is to magnify social and racial divisions that exist in the United States and to make it more severe and to make them seem larger than they actually are.” In his book, Schweizer outlines concerns that Ocasio-Cortez and other politicians have not spoken out strongly enough when it comes to fentanyl. “Ocasio-Cortez, who serves as the vice ranking member of the powerful House Oversight Committee, has been weirdly silent on fentanyl and China’s role,” Schweizer wrote. “Her congressional website yields plenty of mentions of her passionate work on topics like taxes and gun control, but there is not a single mention of fentanyl as of this writing.” Ocasio-Cortez’s office did not respond to a request for comment from Fox News Digital. Schweizer told Fox News Digital that one of the main points in his book is pointing out that China is involved in a war with the United States that is “designed to kill us and undermine us without giving the appearance of a kinetic war.” “In other words, disintegration warfare is trying to fragment and undermine your opponents, to sow division and chaos, distrust and it’s kind of a well-established Chinese strategy going back to Sun Tzu centuries ago,” Schweizer said. “The Chinese government has never abandoned it, in fact, they’ve enhanced it.”
The Hitchhiker’s Guide to what to look for in a leadership race to succeed McConnell
It is almost too early to truly understand and divine where the votes might for someone to succeed retiring Senate Minority Leader Mitch McConnell (R-Ky.). The reason? The universe and conditions under which Republican senators will vote next fall to pick their new leader haven’t formed yet. Yes, take a look at the three Johns: Senate Minority Whip John Thune (R-S.D.), former Whip John Cornyn (R-Texas) and Senate Republican Conference Chairman John Barrasso (R-Wyo.). Even someone like Sen. Tom Cotton (R-Ark.) could be in play. A source tells FOX is interested in the race. GOP WON’T TAP MCCONNELL’S SUCCESSOR UNTIL NOVEMBER But beyond that, we don’t know much. Here’s why: We have to first know who wins the presidential election. And if 2024 is anything like 2020, we might not definitively know until week or more after the election. A delay in figuring out the winner could delay the internal secret leadership election which Senate Republicans will take in mid to late November. But the winner of the presidential election will dictate who the GOP wants – especially if former President Trump prevails and has much to say about it. Ironically, FOX is told that the antipathy between the former President and McConnell was not a major factor in the decision-making of the Kentucky Republican to step down. MITCH MCCONNELL SENDS ‘SHOCKWAVES’ THROUGH SENATE WITH SURPRISE ANNOUNCEMENT Another factor: who has control of the Senate – and by how many seats. Keep in mind we didn’t know until January 2021 as to which party would control the Senate in the last Congress. This is why other figures may emerge. Especially dark horses. As I have written before, leadership elections in Congress are not “partisan politics” They are “particle politics.” The person who is propelled into leadership is not always the obvious choice: Think former House Speakers John Boehner (R-Ohio) and Paul Ryan (R-Wis.). Or even current House Speaker Mike Johnson (R-La.). WHY ALEJANDRO MAYORKAS’ IMPEACHMENT TRIAL MAY BE ON ‘HIATUS’ FOX is told that some Senate Republicans are tired of what one senior Senate GOP leadership source termed a “weekly MAGA show” by Sens. Mike Lee (R-Utah), JD Vance (R-Ohio) and others at the weekly Senate Republican Conference meetings. So if former President Trump loses and if the GOP doesn’t have control of the Senate, that could dictate who Republicans pick. However, if Republicans prevail with a substantial majority, look at Sen. Steve Daines (R-Mont.) as a possibility. He leads the National Republican Senatorial Committee, the GOP’s campaign arm. Daines has made many of the right moves so far in GOP contests. If Republicans win the Senate by a good margin, some members (especially the new ones), might be willing to give Daines a look – if he’s interested. The same factor could undercut Sen. Rick Scott (R-Fla.). It’s not clear if Scott is interested. He ran unsuccessfully against McConnell in the fall of 2022. Scott led the GOP’s campaign efforts in 2022 – and Republicans failed to win the Senate. That could be an albatross for Scott and potentially inhibit him from making another run at leadership.
Legal experts say Jack Smith’s runway to try Trump before 2024 election ‘just got a lot shorter’
The Supreme Court on Wednesday granted review of former president Trump’s claims of presidential immunity in the election interference case brought by special counsel Jack Smith, which throws into question at least the timeline for a possible trial in an election in which Trump is the likely GOP nominee. While some legal experts question the likelihood of success in Trump’s arguments, they say that the high court’s review sets back Smith’s timeline to start a trial before an election and begs the question whether Attorney General Merrick Garland would — or should — approve going to trial just before the general election in November. Jonathan Turley, a practicing criminal defense attorney and professor at George Washington University, says “the runway for Jack Smith just got a lot shorter.” “I think that most people still believe that Smith can prevail before the Supreme Court. But the most immediate impact is that the runway for Jack Smith just got a lot shorter,” Turley said in an interview with Fox News Digital. ILLINOIS JUDGE REMOVES TRUMP FROM STATE BALLOT, CITING ‘INSURRECTIONIST BAN’ Smith’s “primary fight for the last few months has been to secure a trial before the election,” Turley said, adding that if the trial is after the election, “there might not be a trial.” Turley said that, should a decision come down from the Supreme Court as late as June, between a “host” of pre-trial motions and other procedural elements at the district court level — even if the district court were as “motivated” as Smith to get a trial scheduled before the election — the earliest a trial could start is the fall. Turley noted the Department of Justice has a longstanding practice of avoiding any prosecutorial action that could be perceived as political within a certain time frame before the election. HUNTER BIDEN FACES BACKLASH FOR CLAIMING HIS FATHER WAS NOT INVOLVED IN BUSINESS DEALS: ‘PERJURING HIMSELF’ A Justice Department spokesperson declined to comment. The Justice Manual states, “Federal prosecutors and agents may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party. “Such a purpose is inconsistent with the Department’s mission and with the Principles of Federal Prosecution.” While the DOJ can make timing requests of the court, it’s ultimately up to a judge to set the court’s calendar. “The attorney general has a responsibility to maintain consistent application of departmental policy. This has nothing to do with the merits. Merrick Garland has been hands-off, has granted Smith almost total discretion as to the prosecution of the case. The timing of the case raises questions that remain within the attorney general’s purview, in my view,” Turley said. John Shu, a constitutional law expert who served in both the George H.W. Bush and George W. Bush administrations, said all the Biden campaign and the Democrats need is for one of Trump’s trials to start before the general election. “If that happens, the news coverage will be ‘all Trump trial all the time,’ especially if it’s televised, and no one is going to be talking about the economy, illegal immigration, wars in Israel and Ukraine, Biden’s disastrous withdrawal from Afghanistan or super-high crime, gas prices, food prices and inflation,” Shu said. “It’ll be worse than the O.J. Simpson trial. “The way Jack Smith has been acting, it indicates that he has been keeping his eye on the electoral calendar.” “This is all the more reason for the DOJ, in keeping with long-standing department policy in administrations from both parties, to delay trial if the date falls within two or three months before the presidential election,” Shu added. On the merits of the case before the nine justices, Turley said, “Trump will have a difficult time securing a majority in favor of the totality of his argument that Trump has offered a sweeping claim of immunity and is likely to produce a level of sticker shock for the justices.” But, Turley said, “the justices may have a similar reaction to the lower court’s opinion that some justices may be uncomfortable with — the lack of a clear line of when immunity will protect a president.” SUPREME COURT AGREES TO REVIEW WHETHER TRUMP IMMUNE FROM PROSECUTION IN FEDERAL ELECTION INTERFERENCE CASE “The interesting aspect of this is that many of us expected that many of the justices would have wanted this cup to pass from their lips. If they had simply denied review, they would not establish any precedent on presidential immunity,” Turley said. “The court has not been keen on delineating the lines of presidential immunity. The opinions that they have issued have had a certain room at the elbows in terms of the use of this protection. “So, this will force the court to set down some precedent. It’s very likely that some of the justices would like to see greater acknowledgment of immunity for the president, for a future president.” Jim Trusty, former legal counsel for Trump and a former federal prosecutor, said “the Trump team argument that he has absolute unqualified immunity while he’s in office is not a winner.” “But I do think that there’s a strong possibility that the court confirms that immunity protects the president, acting even in the furthest reaches of his responsibilities. That could well be enough to win the day on both Jan. 6 and Mar-a-Lago classified documents cases,” Trusty said. The Justice Department declined to comment. Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.
Nevada county election official resigns after taking charge of controversial 2022 hand-count plan
The top elections official in a rural Nevada county roiled by voting machine conspiracy theories that led to a hand-count in the 2022 midterms is resigning, a county spokesperson confirmed. NEVADA’S SECRETARY OF STATE SAYS LAWYERS WHO FILL POLL WORKER GAP SHOULD EARN CONTINUING EDUCATION CREDITS The reason for Nye County Clerk Mark Kampf’s resignation is not immediately clear. He sent his resignation earlier this week and his last day will be March 31, county spokesperson Arnold Knightly confirmed. Kampf stepped in as the county’s top election official in the wake of the county commission unanimously voting in support of ditching voting machines as false claims of widespread election fraud from the 2020 election spread through the commission chambers. CLICK HERE TO GET THE FOX NEWS APP Kampf ended up overseeing a hand-count that was the secondary counting method to voting machines.