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Can cooking for terrorists bar asylum? Supreme Court takes up unusual case with broader immigration stakes

Can cooking for terrorists bar asylum? Supreme Court takes up unusual case with broader immigration stakes

A Nigerian man forced to cook thousands of meals for the Unknown Gunmen, a militant group linked to political violence in Nigeria, is at the center of a Supreme Court showdown that could determine how broadly immigration authorities can apply a terrorism-related bar to asylum, and how far the Trump administration can go in deporting immigrants accused of supporting terrorism. The Supreme Court agreed Tuesday to hear the Trump administration’s challenge to a ruling that overturned Nigerian citizen Izuchukwu Ozurumba’s deportation order, setting up a legal battle over whether ordinary services provided to terrorist organizations, including cooking meals, can disqualify immigrants from receiving asylum even when those services are not directly connected to terrorist attacks. Ozurumba was deported to Nigeria in April 2025 while his appeal was pending. At the center of the case is a provision of the Immigration and Nationality Act that bars certain immigrants who provide “material support” to terrorist organizations from receiving asylum. The law lists examples of prohibited assistance, including transportation, communications, housing, money, weapons and training, but does not explicitly define what constitutes material support. “The biggest takeaway is that this is a case about who gets to draw the line on a law that affects national security,” Bryce Poole, a senior legal fellow with Advancing American Freedom told Fox News Digital. “Congress wrote a broad rule, and the court interpreted it narrowly.” The case also comes two years after the Supreme Court overturned Chevron deference, a legal doctrine that required judges to defer to federal agencies’ reasonable interpretations of ambiguous laws. The 2024 ruling gave judges greater authority to decide what those laws mean. THE SUPREME COURT IS BACK. THESE FIVE CASES COULD RESHAPE AMERICAN LIFE The Fourth Circuit, in a 2-1 ruling, overturned Ozurumba’s deportation order and sent the case back to the Board of Immigration Appeals. Judge James Wynn Jr., an Obama appointee, wrote the majority opinion, joined by Judge Nicole Berner, a Biden appointee. The judges concluded that although Ozurumba prepared thousands of meals for the group’s leaders, his cooking did not provide resources that could be directly used or readily redirected toward terrorist operations. Although Ozurumba said he was forced to cook under threat of violence, the Fourth Circuit did not decide whether the law contains an exception for assistance provided under duress — an issue the court previously addressed in a 2012 ruling that relied on Chevron deference. Instead, the majority found that his cooking for the terrorist organization did not qualify as “material support” that would bar him from asylum, leaving the separate duress question unresolved. Meanwhile, the Trump administration argued that the Fourth Circuit interpreted the law too narrowly, insisting that even ordinary services such as cooking meals can help sustain a terrorist organization and free its members to carry out attacks. “Because he’s cooking the meals, one of the armed guards doesn’t have to cook the meals and can be an armed guard,” Poole said. “That’s one guard who doesn’t have to come in off guard duty to cook meals, or that’s one bomb maker who doesn’t have to stop making bombs to go cook meals, because all this stuff is fungible,” Poole continued. Ozurumba said he initially agreed to work as a chef at a “rural camp,” preparing three meals a day for 15 to 17 leaders. He later learned the camp belonged to the “Unknown Gunmen.” An immigration judge determined that the Unknown Gunmen qualified as a “Tier III” terrorist organization under federal immigration law, even though the State Department had not formally designated the group as one. Ozurumba said armed guards prevented him from leaving. According to court records, he cooked for the group’s leaders for roughly six months, including three months without pay, before escaping during a trip into town to buy groceries. STATE’S LARGEST MOSQUE LEADER’S DEPORTATION FIGHT TAKES DRAMATIC TURN AS TRUMP ADMIN SCORES MAJOR WIN Ozurumba said members of the Unknown Gunmen continued threatening and attacking him after his escape, prompting him to flee Nigeria for Venezuela and eventually the United States. He crossed the southern border without valid entry documents in July 2023, during the Biden administration, and surrendered to Border Patrol agents . An immigration judge denied Ozurumba’s asylum request and ordered his deportation, a decision upheld by the Board of Immigration Appeals after finding that his cooking violated the federal material-support rule. The Fourth Circuit later rejected that interpretation and sent the case back to the immigration board. Judge Julius Richardson disagreed with the majority, arguing in his dissent that cooking thousands of meals for terrorist leaders freed them to focus on their organization’s goals and therefore constituted material support. “Ozurumba did not run a hot dog stand that the Unknown Gunmen happened to stop by once or twice,” Richardson wrote. “Rather, he acted as a private chef, providing three meals a day for over a dozen leaders of a terrorist organization—for months.” Hans von Spakovsky, a legal expert with Advancing American Freedom, also argued that the majority misinterpreted the law. SIGN UP TO GET THE POLITICS NEWSLETTER “The idea that providing over 8,000 meals for the leaders of a terrorist organization and its members is not ‘material’ defies common sense,” von Spakovsky told Fox News Digital. “Richardson correctly cites Napoleon’s famous quote that an ‘army marches on its stomach.’” “Other federal appeals courts have all held that providing food and shelter, even if unconnected to a specific terrorist event, constitutes material support within the statute,” von Spakovsky continued. “And doing so under duress, even if true, is not an excuse under the statute to avoid removal.” Even if the Supreme Court rules in his favor, a victory would not automatically grant him asylum or guarantee his return to the United States. His case would still need to be reconsidered by immigration authorities. The Fourth Circuit previously declined to order the government to bring him back, instead leaving it up to officials to decide whether his presence in the U.S. would be necessary for

Ilhan Omar’s husband snaps over rumors she fled US after federal immigration fraud raid

Ilhan Omar’s husband snaps over rumors she fled US after federal immigration fraud raid

While Ilhan Omar, D-Minn., has not been seen publicly since federal agents raided her Washington, D.C., residence on Monday, her political consultant husband was once again spotted emerging from their shared rental home this week. Tim Mynett was seen Wednesday stepping out in the neighborhood to walk their Golden Labrador Retriever dog Teddy, a second time later that same day to take out the trash and a third time to walk out his wife’s staffer. “There are rumors that the congresswoman left the country, is that true?” Mynett was asked while on an evening walk with Teddy. “You guys are annoying the hell out of all the neighbors around here, man,” he told Fox News Digital when approached about the developments this week, including President Donald Trump weighing in on the saga. One of Omar’s congressional staffers was captured the same day bringing into the couple’s home two large bags from fast food chain Burger King. Security escorted her to the door and staked out in front of the house after she entered with the meal. ILHAN OMAR’S EMBATTLED HUSBAND APPEARS AT SCENE OF HSI RAID IN MIDST OF CRIMINAL FRAUD INVESTIGATION Rumors swirled that Omar fled from the country following the raid carried out by Homeland Security Investigations (HSI) as part of a criminal fraud investigation looking into the Somali-born congresswoman’s immigration paperwork, as first reported by Fox News Digital. Omar’s cellphone and passport were reportedly seized by federal authorities during the search. The congresswoman’s staff helped to get her birth year adjusted from 1981 to 1982 in the Minnesota Legislative Reference Library, according to reporters. Omar gained citizenship automatically through her father’s naturalization since she was reportedly 17 years old at the time. If Omar was born in 1981, she would have been 18 years old, meaning the validity of her citizenship could be threatened because she was no longer a minor. The altered birthdate was published during her entire time serving in Minnesota’s House and for months into her time serving in Congress. When asked about the federal investigation earlier this week, Mynett told Fox News Digital he has “no concerns” about what federal authorities will find on his wife while investigating her immigration pathway. “My wife came here when she was 12 years old as a child war refugee,” Mynett said. “No concerns.” His comments to Fox News Digital come after Omar’s relatives were reportedly issued subpoenas as part of HSI’s investigation into the congresswoman’s immigration paperwork. At least two of Omar’s relatives were subpoenaed, one of which is reportedly Omar’s sister, Sahra Noor. ILHAN OMAR’S HUSBAND INSISTS HE HAS ‘NO CONCERNS’ AMID FEDERAL IMMIGRATION INVESTIGATION Fox News Digital asked Mynett about President Donald Trump publicly questioning Omar’s net worth by alleging on Truth Social that her accountant may have reported fraudulent money when her previous financial disclosure listed the couple’s shared net worth as high as $30 million. “Why did Ilhan Omar report a Net Worth of up to 30 Million Dollars just a short time ago, and then immediately say, “Oh, I made a mistake! It’s really $100,000.” Could it be that her highly paid accountant actually reported the money that was stolen from her fraudulent activities in Minnesota? Would something like that be possible? Do you think the accountant actually gave the right number the first time, 30 Million Dollars, and then she was forced to disavow because she never would have been able to report where that much money came from? She must have freaked out when she saw that money!” Trump posted to Truth Social on Tuesday. “Where did her house come from, where did her cars come from, and what about her lovely place in Washington, D.C.? I didn’t know that Congressmen and women made that kind of money, but I do know her husband, according to information and belief, makes almost nothing, so it couldn’t have come from him. How many people did she illegally bring into our Country from Somalia? America wants answers, and we want them, NOW!” Mynett is at the center of yet another investigation into Omar — this time looking into her finances. Following Monday’s HSI raid, U.S. Attorney Jeanine Pirro said Tuesday that her office is also investigating Omar’s financial disclosures about reporting of her and Mynett’s shared net worth. OMAR FACES MOUNTING SCRUTINY AFTER FRAUD RINGLEADER SENTENCED TO 41 YEARS Scrutiny of Omar’s finances intensified after her 2024 congressional financial disclosure listed business interests associated with Mynett valued between $6 million and $30 million. Omar’s office subsequently said the figures were incorrect and amended the filing. The largest change in the documents was from Mynett’s assets. His reported ownership interests in both his winery and venture capital advisory firm, which were previously valued in the millions of dollars, are listed with no value now. In Omar’s 2024 financial disclosure records, Mynett’s share in his winery was valued between $1 million and $5 million, and his share at the venture capital advisory firm was valued between $5 million and $25 million. Now, his equity interests are both listed at $0. Omar’s office previously told Fox News Digital that Mynett has partners in both businesses and said the earlier disclosure mistakenly reflected the businesses’ total equity rather than his ownership interest. The office also said the original filing listed assets without accounting for liabilities. Officials noted that the investigation into Omar’s financial disclosures is unrelated to the raid on her home.

Fort Hood survivors praise Trump for scrapping Hasan execution livestream: ‘We’re not barbaric’

Fort Hood survivors praise Trump for scrapping Hasan execution livestream: ‘We’re not barbaric’

Survivors of the 2009 Fort Hood massacre praised President Donald Trump’s decision not to livestream the execution of Nidal Hasan, after warning that broadcasting his death could turn the execution into a spectacle and hand terrorist groups a propaganda tool. Hasan is still set to be executed by firing squad on Dec. 3, 2026, and Trump said the immediate families of his victims will be permitted to witness the execution in person. But it will no longer be broadcast to the general public as previously announced by Secretary of War Pete Hegseth. Alonzo Lunsford, who was shot seven times by Hasan during the attack nearly 17 years ago, told Fox News Digital that Trump’s decision is a “positive move.” “It proves that we are a better people, a better nation, and that we’re not barbaric,” Lunsford said in immediate reaction to the walk-back by Trump on Thursday. “We don’t glorify such actions.” VETERAN SHOT 7 TIMES IN FORT HOOD MASSACRE HAS A WARNING FOR AMERICANS PLANNING TO WATCH EXECUTION Lunsford said he supports Hasan’s death sentence and execution by firing squad but drew a line at broadcasting it to the public. “For it to be made a spectacle for everyone to witness how they’re gonna do a tailgate or, ‘Hey, we’re gonna have a cookout and we’re gonna watch this man be put to death.’ No, it’s not about that,” Lunsford said. “It’s not a spectacle. It’s not a pay-per-view event or a WWE wrestling match or even a boxing match.” He also warned that footage of Hasan’s execution could be seized upon by terrorist organizations. “You don’t want that to be used as a tool for ISIS or al-Qaeda to recruit and say, ‘Hey, this is what happens to you if you do this against the infidel,’” Lunsford said. Julia Wilson was a civilian employee at Fort Hood when Hasan went on his rampage. She was nine months pregnant during the attack, which was carried out on her due date. FORT HOOD SHOOTER SHOULD BE EXECUTED ’13 TIMES OVER’ — BUT NOT ON LIVE STREAM, SURVIVOR SAYS She was slammed against a wall amid the chaos of the shooting and has said that it was only by the grace of God that she and her then-unborn son survived. Wilson was already against the livestreaming of Hasan’s execution because she didn’t want others to be traumatized like she was during the deadly attack. “I’m ecstatic about that,” she told Fox News Digital, reacting to the news that the plan to livestream the event would not proceed. “I’m worried about other people’s mental health,” she continued. “I don’t think the government… really put a lot of thought into how this was going to go down and how it was going to transpire until today.” “I don’t think they really thought about how this may affect people,” said Wilson. “Seeing something like that affects your mental health. I don’t care who you are. I don’t care what you’ve seen. Seeing someone murdered in front of you or killed in front of you affects your mental health, whether they deserve it or not.” Wilson also worried that if the livestream had proceeded, it would exist online forever, and that children might discover it while searching the web. “Once it’s on out there, it’s out there,” she said. Trump said Wednesday that he believed publicly broadcasting Hasan’s death could have served as a deterrent, but ultimately sided with those who opposed making the execution available for anyone to watch. “I think streaming the execution for all to see might have been a strong deterrent for the World to witness how America deals with Terrorists and SCUM like Hasan but, many very good and well meaning people would rather not watch him die, through streaming, or through any other visual device,” Trump wrote on Truth Social. “He will die, as scheduled, by firing squad, but this event will not be streamed,” Trump continued. “That said, the execution may be viewed in person by the immediate families of the victims, if they so choose. They deserve to witness JUSTICE!” Lunsford pointed to warnings surrounding Hasan before the shooting and criticized the Army’s handling of the future attacker before he was transferred from Walter Reed to Fort Hood. “We knew this guy had issues,” Lunsford said. “If you are privy to the ticking time bomb report, you will see what he was talking about. This guy had issues and they just passed the buck and moved him from Walter Reed to Fort Hood.” Lunsford wondered what might have happened had Hasan deployed overseas before carrying out an attack. “Suppose he would have did the deed once he got in country on a FOB, a forward operating base,” he said. “Imagine how many American lives would have been lost then.” For Lunsford, allowing victims to witness Hasan’s execution remains important even without a public broadcast. “It’s gonna be a traumatic thing for, at least for the families of the fallen,” he said. “They’ll be able to close the chapter and hopefully close the book.” Lunsford said survivors will continue to live with reminders of the attack long after Hasan is gone. “Every day we get up, we come to the VA hospital or we have to take our meds in the morning or we get ready to do something that we normally would have been doing prior to 5 November ’09 that we’re no longer able to do now, that’s a constant reminder,” he said. “I am no longer a victim of his,” Lunsford added. “I’m a survivor.”

Trump links Michigan Senate candidate Abdul El-Sayed to Muslim Brotherhood: ‘He’s a con man’

Trump links Michigan Senate candidate Abdul El-Sayed to Muslim Brotherhood: ‘He’s a con man’

President Donald Trump on Thursday linked Michigan Democratic Senate candidate Abdul El-Sayed to the Muslim Brotherhood amid scrutiny over his alleged family ties to the Islamist organization. “He’s a Muslim Brotherhood guy, 100%,” Trump said during a lunch in the White House Rose Garden. “He’s a Muslim Brotherhood guy. How about having him be on the Senate Intelligence Committee? How about that? The guy’s 100% Muslim Brotherhood.” El-Sayed has come under scrutiny from Republicans over social media posts made by his half-sister, Eman Abdelhadi, alleging their mother was an active member of the Muslim Brotherhood in Egypt during the 1970s. COUNTERTERRORISM EXPERT WARNS ABDUL EL-SAYED SENATE BID RAISES HOMELAND SECURITY CONCERNS He has denied any family connections to the group. During a recent interview with NBC’s Meet the Press, El-Sayed rejected the assertions when asked to set the record straight. “I have no ties; we have no ties,” El-Sayed said. EL-SAYED ASKED IF HE BELIEVES AMERICA IS ‘READY FOR A MUSLIM PRESIDENT’ AHEAD OF SENATE RACE He accused political opponents of engaging in anti-Muslim rhetoric rather than addressing his policy positions. “[Opponent Mike Rogers’] only strategy is to point to me and my name and my faith and to say that we’re different, and that you should suspect people simply because they are different than you in how they pray,” he said. EL-SAYED’S LIBERAL AGENDA CLASHES WITH MUSLIM VOTERS WHO BACK HIM ANYWAY: ‘MALE VERSION’ OF ILHAN OMAR However, according to Abdelhadi, their mother was an active member of the Muslim Brotherhood. “Had an amazing talk with my mom about her activism in the Muslim Brotherhood during the early 70s while she was in college #respect,” Abdelhadi wrote in a 2012 post on X. In another 2012 social media post, she wrote: “My family has long been MB, but I’ve always felt that it has navigated the political sphere poorly/destructively.” During his remarks, Trump said he looked forward to visiting Michigan to “expose this fraud that’s running.” “He’s a fraud. He’s a con man,” Trump said. Fox News Digital has reached out to El-Sayed’s campaign for comment.

America’s next war could reach US soil, top Army general warns

America’s next war could reach US soil, top Army general warns

The American military has largely operated on a familiar premise: combat the enemy overseas before the fight reaches home. But as drones, cyberattacks and long-range weapons pose growing threats to U.S. military installations and critical infrastructure, Army leaders are preparing for a future in which American forces could come under attack before they ever deploy overseas. “If we’re going against a pacing threat, power projection will be contested,” Gen. Christopher LaNeve, the Army’s acting chief of staff, told Fox News Digital on Wednesday. He said the military is rethinking assumptions that were held during decades of fighting in Iraq and Afghanistan, when American forces could largely count on secure bases and supply lines at home. FBI WARNS BATTLEFIELD-STYLE DRONE ATTACKS COULD REACH US: ‘ONLY A MATTER OF TIME’ “During the Global War on Terror, we took a lot of things for granted, because we could,” LaNeve said during a small-group roundtable at the Association of the United States Army’s annual conference in Washington this week. In a potential conflict with China, disrupting American military bases, transportation networks and communications could delay U.S. forces from reaching the battlefield. The Pentagon’s latest report on China’s military capabilities warns that Beijing has positioned cyber capabilities inside U.S. critical infrastructure networks that could be used to disrupt American military mobilization during a conflict. The concerns come as the Pentagon places renewed emphasis on homeland defense and military installations as they prepare to potentially confront threats closer to home. U.S. officials have previously confirmed drone incursions over installations — including Joint Base Langley-Eustis in Virginia and Picatinny Arsenal in New Jersey. Though those incidents have not been publicly attributed to China. The warning of a future fight on American soil comes amid the How the Army Fights rollout. The new operational framework places greater emphasis on preparing American forces to deploy, communicate and sustain operations even when military bases, supply lines and communications networks are under attack. The guidance places greater emphasis on the Army’s ability to deploy and sustain forces under threat, including when communications, supply lines and military infrastructure are disrupted. US MILITARY BASES ARE ‘ILL-EQUIPPED’ TO STOP DRONE SWARMS, TOP COMMANDER REVEALS AFTER RUBIO’S UAP WARNING LaNeve said the Army is using the framework to establish clearer priorities for how its formations train, fight and incorporate new technology. “It was important to get this document out to provide a direction for our Army, a stake in the ground in where we’re moving,” LaNeve told Fox News Digital in an interview Wednesday. The changes are being led by an Army leadership team serving in acting capacities following the departures of former Army Secretary Dan Driscoll and Chief of Staff Gen. Randy George. LaNeve remains the Senate-confirmed vice chief of staff. LaNeve explained how the Army is preparing to keep fighting even when an adversary disrupts military communications. “I think what you would see inside this command and control capability is the ability to operate disconnected and then reconnect when you have that capability, but to continue to be able to maneuver,” he said. The Army is also rethinking how it protects military installations at home. LaNeve pointed to Joint Interagency Task Force 401, which is working with federal and local law enforcement to strengthen counter-drone defenses around military bases and critical infrastructure. CARTELS USE DRONES TO SCOUT BORDER AGENTS AND MAP SMUGGLING ROUTES, EXPERT WARNS Acting Army Secretary Adam Telle pointed to the southern border as an example of how soldiers are already confronting drone threats closer to home. He said soldiers are using the mission to test new counter-drone technology against real-world threats, gaining experience they can bring back to their units as the Army prepares for future conflicts. The Army is also expanding its preparations for biological threats that could disrupt military operations. Officials announced this week that biological incidents will be incorporated into routine combat training as part of a broader effort to ensure soldiers can continue carrying out their missions through disease outbreaks or deliberate biological attacks. During a separate panel Wednesday, Air Force Secretary Troy Meink warned that advances in surveillance technology could soon make it increasingly difficult for military forces to operate anywhere without being detected. “We are rapidly heading to a point in time where, depending on what your signature is, how fast you’re moving, the enemy is going to have some sense to where you are no matter where you are on the planet,” Meink said. He suggested that level of surveillance could emerge within five years, potentially sooner, as China and other adversaries expand their ability to track and target military assets. Meink said the Pentagon is working to make its forces more survivable, including through autonomous systems capable of operating in dangerous environments where commanders might hesitate to send manned platforms. War Secretary Pete Hegseth, speaking alongside Meink and the other service secretaries, criticized what he described as the Pentagon’s failure to keep pace with technological advances under the Biden administration. “On hypersonics, they took a nap. On space, they took a nap. On weaponization of space, they took a nap. On drones, they took a nap,” Hegseth said. LaNeve emphasized that despite the Army’s growing reliance on advanced technology, soldiers must still be able to carry out their missions when those systems are unavailable. “Soldiers are our number one platform. It is the Army’s platform,” he told Fox News Digital. The technology, he said, is intended to make troops more capable, but soldiers must remain grounded in the fundamental skills needed to fight without it.

Trump-appointed justice joins Sotomayor in unlikely alliance to rip DOJ’s handling of illegal immigrant case

Trump-appointed justice joins Sotomayor in unlikely alliance to rip DOJ’s handling of illegal immigrant case

Conservative Supreme Court Justice Neil Gorsuch has joined forces with liberal Justice Sonia Sotomayor to question the federal government’s prosecution of an illegal immigrant, marking the latest unlikely alliance between the two justices. Gorsuch, appointed by President Donald Trump, and Sotomayor, appointed by former President Barack Obama, raised concerns about the government’s decision to prosecute a Mexican national twice for being found unlawfully in the United States — even after a federal court prohibited him from leaving the Eastern District of Oklahoma following his first conviction. The unlikely pairing emerged Tuesday when the Supreme Court declined to hear an appeal from Jesus Herrera-Salazar, who argued that his second prosecution violated the Fifth Amendment’s protection against double jeopardy. Although the justices agreed the Court should not take up the case, Sotomayor issued a separate statement, joined by Gorsuch, warning of serious constitutional problems with the government’s actions. GORSUCH SAYS IDEOLOGICAL DIVIDES ON SUPREME COURT COME DOWN TO ‘HOW YOU READ LAW,’ NOT POLITICS “From the moment he was released from custody after serving his first term of imprisonment, Herrera-Salazar was presented with a Hobson’s choice,” Sotomayor wrote in the statement joined by Gorsuch. “In the Government’s eyes, whether Herrera-Salazar remained in the Eastern District of Oklahoma or left the United States, he would be breaking the law.” The two justices questioned how the government could punish someone for remaining in the country after effectively prohibiting him from leaving, with the pair’s joint statement describing the situation as a “constitutional absurdity.” Their agreement is particularly noteworthy given their differing judicial philosophies, but it is not the first time the pair has found common ground over constitutional protections against government action. In November 2024, Sotomayor and Gorsuch jointly questioned whether homeowners should be compensated when police destroy private property while carrying out law enforcement operations. A few months later, they again joined forces to raise concerns about warrantless misdemeanor arrests. In both cases, as in the latest immigration dispute, the Court declined to hear the appeals, but the justices issued statements highlighting constitutional questions they believed deserved attention. The pair’s latest expression of joint public concern came after Herrera-Salazar, a Mexican national previously removed from the United States, was indicted in 2020 for being found in the country following deportation, a violation of federal immigration law. ‘UNPRECEDENTED’: JUDGES REVEAL BEHIND-THE-SCENES COORDINATION ON TRUMP IMMIGRATION CASES He pleaded guilty and served a prison sentence before being placed on supervised release, during which he was expressly prohibited from leaving the Eastern District of Oklahoma without authorization under the terms of his release. While still under those restrictions, Herrera-Salazar was stopped by police in Heavener, Oklahoma, and subsequently charged again under the same federal immigration statute prohibiting previously deported individuals from being found unlawfully in the United States. A jury subsequently convicted Herrera-Salazar, resulting in another prison sentence and additional supervised release. The second prosecution prompted Herrera-Salazar to challenge his conviction on double-jeopardy grounds, arguing that the government had effectively punished him twice for the same continuous period of unlawful presence. The U.S. Court of Appeals for the 10th Circuit rejected that argument, concluding that the offense is completed when authorities discover a person’s unlawful presence and that a subsequent discovery can support a separate prosecution without requiring another illegal entry. Sotomayor and Gorsuch questioned that reasoning, pointing to Supreme Court precedent establishing that prosecutors cannot evade double-jeopardy protections simply by dividing one continuous crime into separate periods. Their concern was not whether Herrera-Salazar had violated immigration law in the first place, but whether the government could repeatedly prosecute him for remaining in the United States without evidence of a separate unlawful reentry. The justices also highlighted that Herrera-Salazar’s supervised-release conditions restricted him from leaving Oklahoma, meaning the government was effectively preventing him from ending the conduct for which it later prosecuted him again. Sotomayor warned that, under the government’s interpretation, prosecutors theoretically could have brought separate charges against Herrera-Salazar for each day he remained imprisoned following his first conviction. The statement was issued despite the justices’ agreement with the Court’s decision not to review the case. Sotomayor explained that Herrera-Salazar had already been removed from the United States and expressed hope that the unusual circumstances surrounding his prosecution would not arise again. SUPREME COURT KICKS OFF NEW TERM WITH FRESH QUESTIONS OVER ITS LEGITIMACY AND ITS FUTURE Rather than dissenting from the Court’s refusal to hear the appeal, Sotomayor and Gorsuch used what is formally known as a statement “respecting the denial of certiorari” to publicly identify constitutional concerns and urge lower courts to avoid similar problems in future cases. The unusual collaboration follows two earlier cases in which Sotomayor authored statements joined by Gorsuch after the Supreme Court declined review. In November 2024, the pair raised concerns in Baker v. City of McKinney, a Texas case involving a homeowner whose property was extensively damaged during a police operation to apprehend an armed fugitive. Police had used tear gas, explosives and an armored vehicle during the standoff, leaving the home severely damaged. Although the justices acknowledged that officers acted properly to protect public safety, they questioned whether the Constitution permits the government to impose the financial burden of such damage on an individual homeowner without compensation. Meanwhile, in February 2025, Sotomayor and Gorsuch again joined forces, this time questioning whether the Fourth Amendment permitted police to make warrantless arrests for misdemeanors committed outside an officer’s presence that they did not personally witness. That case involved a Florida man arrested for loitering and prowling after police responding to a report of suspicious activity encountered him walking through a residential neighborhood before dawn. A subsequent search uncovered stolen mail, leading to a federal criminal charge. Fox News Digital reached out to the Supreme Court chambers for comment but did not hear back in time for publication.

Bill and Hillary Clinton make eleventh-hour midterm moves as party’s old guard faces new reality

Bill and Hillary Clinton make eleventh-hour midterm moves as party’s old guard faces new reality

The Clintons are back on the midterm campaign circuit — with Bill Clinton heading to Florida to stump for Democratic gubernatorial nominee David Jolly and Hillary Clinton taking to the podcast microphone as the party makes its final push toward Election Day. The former president is scheduled to make his first public campaign appearance of the 2026 election cycle on Oct. 20 for Jolly, a former Republican congressman turned Democrat. Hillary, meanwhile, has teamed up with journalist Kara Swisher for a new midterm-focused podcast series and has been making campaign appearances of her own. The moves bring two of the Democratic Party’s most recognizable figures into the midterm fight as the party grapples with competing visions for its future, raising questions about how much influence the Clintons still wield as progressive candidates challenge the Democratic establishment. BIDEN CONSPICUOUSLY ABSENT FROM CAMPAIGN TRAIL AS OBAMA, HARRIS STEP UP FOR MIDTERM PUSH While the Clintons remain prominent in Democratic politics, one party strategist says Democrats are more focused on winning elections than revisiting the party’s past. “President Clinton remains one of the most gifted political communicators this country has ever known, particularly when it comes to connecting with working-class voters on the economic issues that matter most,” said Democratic strategist Kevin Walling. “But I don’t believe that Democrats are looking for a Clinton restoration — they’re looking for a path back to winning.” Democratic strategist Mally Smith offered a more skeptical assessment of how much reach the Clintons have in the closing weeks of the election. “Hillary and Bill are still relevant to some voters. However, they will mostly be useful in speaking to the Democratic base and those who are highly engaged in politics,” said Smith. “It is a hard media environment to breakthrough and even current elected officials, let alone former office holders, will struggle to get people’s attention.” Clinton’s Oct. 20 appearance will take place at an interfaith event in Hollywood, Florida, alongside Jolly, who is facing Republican Rep. Byron Donalds in the race to succeed term-limited Gov. Ron DeSantis. Jolly is campaigning on affordability, including lowering property insurance costs through a state-backed catastrophe fund, expanding Medicaid, increasing funding for public schools and protecting abortion rights. Hillary Clinton, meanwhile, traveled to Omaha, Nebraska, on Saturday to rally support for Democratic candidates Lynne Walz and Denise Powell at a “Pumpkins, Pies, and Politics” fundraiser. HILLARY CLINTON ISSUES ENDORSEMENT IN US MIDTERM ELECTIONS Asked how she would address Democrats who feel their votes no longer matter, Clinton pointed to a series of national crises that have contributed to voter frustration — including her 2016 election loss. “And you could kind of understand that, for people who feel like they’ve had a series of hard times. If you look back on the last 25 years in our country, I was a senator from New York on 9/11. That was a trauma. The terrible financial crisis of 2008 was horrific for people. We had an election in 2016 that, you know, raised a lot of questions that we’re still trying to find answers for about what, what kind of really went on, and then we had COVID,” she said during the Nebraska event. Clinton teamed up with journalist and podcast host Kara Swisher for a six-week limited series titled “High Stakes,” which debuted Oct. 14 and will air weekly through mid-November, focusing on the 2026 midterm elections, key congressional races and issues. The first episode, which aired Wednesday, centered on rising costs for gas, groceries and healthcare, Elon Musk’s political spending and how Democrats can make affordability a winning message, while also examining key Senate races in Michigan and Maine. HILLARY CLINTON CONCEDES INFAMOUS 9/11 NEAR-FAINTING EPISODE IN 2016 WAS A ‘MISTAKE’ ON HER PART “If the former president can help Democrats compete in a challenging state like Florida, and Secretary Clinton’s podcast can contribute to a substantive national conversation that motivates my party, that’s certainly a positive,” said Walling. The Clintons’ increased visibility comes as Democratic Socialists of America-backed candidates have scored primary victories against incumbent or establishment-backed Democrats in states including Colorado, New York and Michigan. MEET THE FAR-LEFT INSURGENTS WAGING WAR ON THE DEMOCRATIC ESTABLISHMENT IN 2026 MIDTERMS “The challenge for Democrats is drawing on the wisdom and experience of the party’s past without overshadowing the next generation of leaders who will define its future,” he added. Fox News Digital reached out to the Clintons and Jolly’s campaign for comment.

Somalis in Minnesota unleash fury on Trump after feds raid Ilhan Omar’s DC home

Somalis in Minnesota unleash fury on Trump after feds raid Ilhan Omar’s DC home

MINNEAPOLIS — Members of Minnesota’s growing Somali community, including a city council member, tore into President Donald Trump and his administration when speaking with Fox News Digital after Monday’s raid on Rep. Ilhan Omar’s Washington, D.C., residence. “Somalis — we all feel attacked by President Trump,” Jamal Osman, the Somali-born vice president of the Minneapolis City Council, said of the impact of the raid carried out by Homeland Security Investigations (HSI) agents. “Our president has broken the law many times. ICE [is] terrorizing our community … and we’re not surprised such action has taken place,” Osman continued in reference to the search of Omar’s home. FEDERAL AGENTS RAID ILHAN OMAR’S DC HOME AMID IMMIGRATION FRAUD INVESTIGATION “We have seen the threats, the horrific language he uses against my community. It’s unacceptable, and we’re hoping this could stop,” Osman said. A 37-year-old social worker and Minneapolis resident named Abdi, who declined to give his last name or be interviewed on camera, had even harsher words for the president. He, like Osman, said he was born in Somalia. “I feel like raiding a congresswoman — it feels like Donald Trump and his regime wanted to use their power to dehumanize and also humiliate someone that is part of the Congress,” Abdi said. He claimed that Trump “hates Somali people because of Ilhan Omar.” Abdi said Trump created “hate” and a “fight” with Somalis in America and claimed that they are being followed and harassed in the streets because of the president. TRUMP RALLY CROWD CHANTS ‘DEPORT’ AS PRESIDENT RIPS ILHAN OMAR AFTER FEDERAL RAID “It’s personal,” he said. “And Ilhan Omar — he doesn’t treat her as a congressmember — he treats her as someone who’s below him.” “If they take the citizenship away from her, then I will say, ‘Are we in a dictatorship?’ That’s using power to use against an American citizen, then maybe the thinking we have for the United States is completely different.” Osman said the raid is proof of what the Trump administration is willing to do. “We live in the United States, which is the land of the laws. I don’t expect Trump or anyone in this matter to break the U.S. Constitution,” he continued. “There’s laws. He can, of course, threaten, but there’s a court process, there’s due process. He can’t say he’s gonna deport her, he’s gonna deport me, thousands of Somalis.” OMAR RAID OUTRAGE GOES FROM BAD TO WORSE WHEN INTERNET NOTICES HER PAST 6-WORD CLAIM: ‘COULDN’T AGREE MORE’ Osman’s message to the president was simple: “Stop it.” “We’re American citizens like everyone else,” he said. A third person, a 22-year-old Somali American woman who declined to be named or filmed, told Fox News Digital that she wasn’t surprised about the raid on Omar’s home. “I thought it was bound to happen soon enough,” she said. “They’ve been talking about her in a negative manner. The government [has been] constantly questioning her immigration status and her naturalization in the country. So it was bound to happen for them to investigate her soon enough.” When reached about the comments from the Minneapolis Somali community, the White House pointed Fox News Digital to the president’s public reaction to the raid on Monday. “I’ve always found her to be totally crooked, personally, but that has nothing to do with me,” Trump brushed off. “I think she’s a terrible person. Just a complainer. She comes from a country that is a non-country, and then she comes over here, and she complains about our Constitution.” “I think she’s a terrible person, but that’s really up to the DOJ. I have nothing to do with it.” ILHAN OMAR’S HUSBAND INSISTS HE HAS ‘NO CONCERNS’ AMID FEDERAL IMMIGRATION INVESTIGATION HSI, the principal investigative arm of the Department of Homeland Security (DHS), executed a search warrant at Omar’s home in the nation’s capital early Monday morning, as first reported by Fox News Digital. Sources confirmed to Fox News Digital that the raid stems from an investigation into whether Omar or her late father, Nur Mohamed, fraudulently filled out her citizenship paperwork decades ago. The investigation, the sources note, could lead to the congresswoman’s denaturalization. The Wall Street Journal reported Wednesday that Omar’s phone, passport and computers were seized in the raid — it is not clear which other items or materials were taken from her residence, if any. Omar has not been seen since the raid, but offered her reaction to the unfolding investigation on social media Monday afternoon. “This raid by Trump’s DHS is an outrageous abuse of power and an unprecedented escalation in the weaponization of federal law enforcement to target political enemies. For a decade, Donald Trump has relentlessly targeted Congresswoman Ilhan Omar with inflammatory rhetoric, repeatedly putting a target on her back,” she said. “Now, those attacks have escalated to a pointless federal raid. The Congresswoman has done nothing wrong. No president should be able to use the power of the federal government to intimidate his political enemies.”

FBI probes suspicious white powder letters sent to Schumer, Dem senators as threat spreads nationwide

FBI probes suspicious white powder letters sent to Schumer, Dem senators as threat spreads nationwide

Senate Minority Leader Chuck Schumer, D-N.Y., and two other Senate Democrats were the intended recipients of mail that federal investigators say contained “suspicious substances,” Fox News Digital has learned.  A source familiar confirmed to Fox News Digital that Schumer’s office was the intended target, among other congressional offices, of a mysterious envelope containing an unknown substance.  He wasn’t the only Senate Democrat targeted.  Sens. Chris Murphy, D-Conn., and Alex Padilla, D-Calif., were both informed by the FBI that their respective offices were sent a suspicious letter on Thursday, following warnings in both chambers of Congress that federal investigators were “investigating multiple letters containing suspicious substances that were mailed to various addresses nationwide, including multiple Congressional offices.” Josh Sorbe, a spokesperson for Murphy, told Fox News Digital that the senator’s office “was sent a letter with a suspicious substance.” ARMED MAN ARRESTED AT US CAPITOL BARRICADE AS POLICE PROBE WHY HE DROVE ONTO RESTRICTED GROUNDS “Our office was promptly informed of the letter by FBI, SAA, and Capitol Police, and we continue to work closely with them and federal law enforcement,” Sorbe said. “Due to those efforts and various safety protocols, the Senator and staff were not in immediate danger. Our office is grateful for the investigators involved in this incident, and we intend to continue close coordination as the investigation continues.” A spokesperson for Padilla told Fox News Digital, “We received the notification from the FBI that one of our offices was mailed a letter containing a suspicious substance, but it was intercepted by USPS.” The two incidents follow warnings sent out to top-ranking staff on the Hill earlier Thursday by both the Senate and House sergeants at arms that the FBI, U.S. Postal Inspection Service, and U.S. Capitol Police were actively investigating the matter, per notices obtained by Fox News Digital.  DEPROGRAMMED: FORMER DSA INSIDER REVEALS ‘FRIGHTENING’ SOCIALIST AGENDA DROVE HIM FROM ‘EXTREME’ IDEOLOGY “Law enforcement officials are working to intercept any additional letters before they are delivered, however, it is possible that some letters may reach their destinations,” the notice from the Senate Sergeant at Arms read. The exact nature of the suspicious substances, and just how many congressional offices are intended recipients, remains unclear.  Top staff in the House were warned by the House Sergeant at Arms that the office had “been made aware of reports of letters containing suspicious white powder substances received by public officials throughout the United States.”  “Although no House Members have been identified as intended recipients at this time, the SAA continues to monitor the situation and coordinate with law enforcement partners,” the notice read. “All offices are reminded to remain vigilant and follow safe mail handling procedures to help protect staff from potentially harmful materials.” An FBI spokesperson declined to confirm specific instances or letters, but said in a statement that, “The FBI and U.S. Postal Inspection Service are investigating a series of suspicious mailings sent to various addresses nationwide, including Secretary of State offices and their related election offices.”  “Some of the letters contained an unknown substance, and we are working closely with our law enforcement partners to respond to each incident,” the spokesperson said. “We are also working with our partners to identify the individual or individuals responsible for the letters. This FBI and the U.S. Postal Inspection Service will continue to safeguard the public and secure elections for American citizens.” MASSIVE TROVE OF REPUBLICAN VOTER AND DONOR INFO BREACHED IN BIDEN DOJ PROBE: SENATE CHAIRMAN Included in the Senate Sergeant at Arms’ notice was an image of one of the envelopes that included a return address in the top-left corner for the Democratic Socialists of America’s (DSA) headquarters in New York City.  It is unclear whether the DSA had any involvement in sending the letters. Fox News Digital reached out to the DSA for comment but has not heard back. A representative for the organization told the New York Post that the DSA “has not occupied this office address since 2013.”  “We are also no longer headquartered at 75 Maiden Lane,” the rep said.  The notice warned that “all suspicious letters, packages, or substances should be treated as potentially hazardous.” Suspicious letters were also sent to state elections offices around the country. The National Association of Secretaries of State and the National Association of State Election Directors said in a joint statement that, “Those who administer our elections should never fear for their safety while carrying out their essential duties.”  “Election officials take these matters seriously and work closely with law enforcement and security partners to protect their personnel and facilities,” the organizations said. “We have security measures and contingency plans in place to respond to potential threats and emergencies while maintaining essential election operations.” It comes on the 25-year anniversary after an anthrax-laced letter was opened by a staffer in then-Senate Majority Leader Tom Daschle’s office on Oct. 15, 2001. Since then, Congress has drastically overhauled how it accepts mail. Packages and mail no longer come directly to the Hill, and instead are processed in facilities where they are screened and irradiated before making their way to a congressional office. 

‘Suspicious’ mail with DSA-linked return address triggers FBI, Capitol Hill investigation

‘Suspicious’ mail with DSA-linked return address triggers FBI, Capitol Hill investigation

Senior Capitol Hill staff were warned that “multiple letters containing suspicious substances” were mailed out across the country and to multiple congressional offices on Thursday. An email notice obtained by Fox News Digital sent to chiefs of staff, administrative managers and state directors said the U.S. Postal Inspection Service, the FBI and U.S. Capitol Police were “investigating multiple letters containing suspicious substances that were mailed to various addresses nationwide, including multiple Congressional offices.” “Law enforcement officials are working to intercept any additional letters before they are delivered, however, it is possible that some letters may reach their destinations,” the notice from the U.S. Senate Sergeant at Arms read. ARMED MAN ARRESTED AT US CAPITOL BARRICADE AS POLICE PROBE WHY HE DROVE ONTO RESTRICTED GROUNDS Fox News Digital reached out to each agency investigating the matter for comment on the nature of the suspicious substances, how many letters were sent and retrieved and how many congressional offices could be affected. The notice was first reported by Punchbowl News. Included in the notice was an image of one of the envelopes that included a return address in the top-left corner for the Democratic Socialists of America’s (DSA) headquarters in New York City.  DEPROGRAMMED: FORMER DSA INSIDER REVEALS ‘FRIGHTENING’ SOCIALIST AGENDA DROVE HIM FROM ‘EXTREME’ IDEOLOGY It is unclear whether the DSA had any involvement in sending the letters. Fox News Digital reached out to the DSA for comment but has not heard back. The notice warned that “all suspicious letters, packages, or substances should be treated as potentially hazardous.” Authorities have not publicly identified the substances or said whether they pose a danger. It comes on the 25-year anniversary when an anthrax-laced letter was opened by a staffer in then-Senate Majority Leader Tom Daschle’s office on Oct. 15, 2001.