Politics
A fiery lawyer's longshot bid to put Donald Trump in the hot seat goes cold
The named defendant in the federal lawsuit was California Secretary of State Shirley Weber, but there was never a doubt that the target was Donald J. Trump.
For a time, as the legal maneuvering proceeded through the fall, it appeared that Los Angeles could be treated to another of its celebrated courtroom dramas, this one a constitutional showdown pitting a colorful civil rights attorney against a volcanic former president in the courtroom of a judge known for his fiery judicial flair.
The case sought an order prohibiting Weber from placing the Republican presidential front-runner on the California ballot, based on the 14th Amendment’s insurrection clause.
It was also intended to be a trap. If Trump’s legal team took the bait and joined the case, then the former president could be forced to face a grilling under oath on his role in the Jan. 6, 2021, attack on the Capitol.
At least that was the theory of Stephen Yagman, an attorney both admired and reviled in local lore for his history of toppling sacred cows.
Over a span of two decades, Yagman broke legal ground in cases against the LAPD and the U.S. government, establishing that Los Angeles Police Department officers and their leaders can be held personally liable for civil rights violations and that prisoners at the Guantanamo Bay detention center had a right to due process. Then he suffered an ignominious fall with a 2007 federal conviction for tax evasion and bankruptcy fraud. In his 70s, more than a decade after serving 29 months in prison, Yagman regained his law license and resumed fighting for indigent victims of government abuse.
U.S. District Judge David O. Carter, a no less colorful figure than Yagman, has built a reputation for judicial unorothodoxy bordering on heavy-handedness. He’s held court on Skid Row and summoned mayors and supervisors to answer for their ineffective responses to homelessness. In two cases that were active at the time, Carter was holding L.A. County officials’ feet to the fire to extract a commitment for thousands of mental health beds and rebuffing efforts of the U.S. Department of Veterans Affairs to wiggle out of a lawsuit over veterans housing.
More to the point of Yagman’s case, Carter had found in a 2022 ruling that stripped Trump legal adviser John Eastman’s attorney-client privilege that the two had “more likely than not” attempted to illegally obstruct Congress, calling it “a coup in search of a legal theory.”
Would Carter, who drew Yagman’s case because it was related to the earlier one, follow through with that reasoning? Yagman hoped so.
When Trump’s lawyers took the bait and petitioned Carter to intervene, Yagman virtually frothed with anticipation.
“This court, right here and now, has a unique opportunity to prevent a truly deranged and dangerous fool, Donald Trump, who perpetrated an assault on American Democracy, from again being president of the United States,” he wrote in a motion, noting that Trump “improvidently (for him) has intervened to make himself a party-defendant to the instant action.”
He buttressed his ever eccentric legalese with a flight of literary allusion invoking both Socrates and The Rolling Stones.
“Trump is a vile man. He has no virtue whatsoever,” Yagman wrote, appending a long footnote on the Greek philosopher’s concept of civic virtue.
“And contrary to what the Rolling Stones’ Mick Jagger sings … Trump, as today’s embodiment of the devil … deserves no sympathy….”
But it was to no avail. Not once, but twice in the months that followed, Trump’s lawyers raised legal technicalities to knock down Yagman’s flaming rhetoric.
The first was based on standing, a slippery legal concept meaning something akin to skin in the game.
Yagman’s case made the tortuous argument that his client, a Republican voter who planned to vote for Trump, would be disenfranchised if, after the March California primary, Trump was ruled ineligible to be president.
Carter dismissed the case in November, finding his client did not have standing because “the harm he alleges is too generalized.”
Yagman had a backup strategy, an amended complaint changing his case to a class action representing all Republican voters and naming Trump himself as a defendant on a novel theory of negligent infliction of emotional distress.
His clients, he argued, were “direct victims of Trump’s acts in creating and participating in insurrection,” both on Jan. 6 and in the “innumerable viewings of those acts on television, on the radio and in numerous publications….”
Reconsidering, Carter set a hearing for Jan. 8. But, over the holidays, Trump’s lawyers convinced the judge that a hearing was not necessary. In a Dec. 22 filing, Shawn E. Cowles of the Dhillon Law Group gave eight reasons why the case had no merit, ranging from presidential immunity and 1st Amendment protection to “reasons to doubt the veracity of Plaintiff’s claim that he is a registered Republican voter in Los Angeles County.”
The argument that carried the day for the former president was based on the statute of limitations. Ignoring Yagman’s contention that the injury was repeated every time Jan. 6 imagery appeared on TV, radio or in print, Carter ruled the case “time-barred” based on California’s two-year statute for negligent infliction of emotional distress.
Yagman, whose past victories included establishing that lawyers cannot be sanctioned for making disparaging comments about their judges, showed uncharacteristic magnanimity in defeat.
Carter, he said, is a good judge and decent human being.
“I’m happy enough with it because it’s him,” he told The Times. “Part of me is really sorry to see it go, I really wanted to depose Trump. But I’m ashamed of that because it would just be me playing games. I wouldn’t get anything out of that except chuckles.”
Times researcher Scott Wilson contributed to this story.
Politics
Contributor: The stars align for Democrats in Texas. Trump is helping them
If Democrats expect to flip a U.S. Senate seat in Texas, they’ll need all the stars to align. This almost never happens, because politics has a way of scrambling the constellations. But on Tuesday, the first star blinked on.
I’m referring to state Rep. James Talarico’s victory over Rep. Jasmine Crockett in the Democratic primary. Most political prognosticators agree that Talarico, an eloquent young Democrat who speaks openly about his Christian faith, is their best hope in a red state that Donald Trump won by 14 points.
The second star was Crockett’s conciliatory concession — far from a foregone conclusion after a nasty primary — in which she pledged to “do my part,” adding that “Texas is primed to turn blue, and we must remain united because this is bigger than any one person.”
The third star — a vulnerable Republican opponent — has not yet appeared over the Texas sky, although forecasters say it might.
Most observers agree that scandal-plagued Atty. Gen. Ken Paxton would be beatable in the general election, while incumbent Sen. John Cornyn would present a much tougher challenge. Cornyn is the kind of steady, conventional politician who tends to win elections, and so, of course, modern voters are extremely suspicious of him.
In the GOP primary on Tuesday, Cornyn’s 42% share of the vote edged out Paxton by about a point. Unfortunately for Republicans, neither candidate garnered enough votes to avoid a May 26 runoff election.
Conventional wisdom suggests that when a majority of Republican voters choose someone other than the incumbent in the first round of voting, an even greater majority will inevitably break toward the challenger in the runoff. If that happens, Paxton would become the nominee, and Democrats would get their third star to align.
Even better for Democrats — a fourth star, so to speak — would be for this protracted runoff to become a “knife fight,” as one Texas Republican predicted, in which Paxton staggers out of the fight as the battered GOP nominee.
The only problem is that Republicans can see these stars aligning, too.
And while the Texas Senate seat matters a lot on its own, it matters even more in the context of nationwide midterm elections, in which a Texas win would help Democrats take back the Senate.
Enter the cavalry — or, more accurately, President Trump, who is now entering a second war in the span of a week, this one a civil war in the Lone Star State.
The day after the primary, Trump announced that he would be “making my Endorsement soon, and will be asking the candidate that I don’t Endorse to immediately DROP OUT OF THE RACE!”
Reports suggest Trump may endorse Cornyn in order to save the seat for Republicans. But who knows? Trump is famously unpredictable. And it’s likely he admires Paxton’s ability to survive scandals that would have caused most normal politicians to curl up in the fetal position. As they say, “game recognizes game.”
Whomever he backs, conventional wisdom also says Trump should make his endorsement “soon,” as he promised. That would save Republicans a lot of time and money. But Trump currently has enormous leverage. Right now, people are coming to him, pleading for his support.
Do you think he wants to resolve that situation quickly?
Me neither.
With Trump, you never know what you’re going to get. In 2021, he helped torpedo Republican Senate candidates David Perdue and Kelly Loeffler in Georgia, handing Democrats control of the Senate. The following year he backed football legend Herschel Walker in another Georgia Senate race, which did not exactly work out great. Democrat Raphael Warnock won and holds that seat, though Walker is now ambassador to the Bahamas so that’s something.
This is to say: Trump’s political assistance does not always assist.
It’s unclear whether Trump’s endorsement would be dispositive — and whether he could muscle the other Republican out of the primary race.
Paxton, for example, initially vowed to stay in the race, no matter what. (He later suggested he would “consider” dropping out if the Senate passes the SAVE America Act, a bill to require proof of citizenship to vote.)
There’s also this: Trump’s endorsements tend to either be made out of vengeance or to pad the totals of an already inevitable winner, so his track record is probably overrated.
Case in point: While most of his endorsed candidates won their Texas elections, his endorsed candidate for agriculture commissioner lost reelection. And according to the Texas Tribune, “at least three Trump-endorsed candidates for Congress were headed to runoffs, one of them in a distant second place.”
Another issue is that Cornyn needs more than a perfunctory endorsement: He needs a clear, full-throated endorsement.
In a 2022 Missouri Senate race, Trump endorsed “ERIC,” which was awkward because two candidates named Eric were running.
More recently, he endorsed two rival candidates in the same 2026 Arizona gubernatorial race — like betting on both teams in the Super Bowl.
This is all to say that the only thing standing between Texas Democrats and a rare celestial alignment may be the whims of the Republican Party’s one and only star.
Sure, establishment Republicans can beg Trump to quickly step in and settle the race, and maybe he will. But it’s entirely possible the president will find a way to blow up his party’s chances for holding the U.S. Senate — and there’s nothing they can do to stop him.
When you’re a star, they let you do it.
Matt K. Lewis is the author of “Filthy Rich Politicians” and “Too Dumb to Fail.”
Politics
Video: President Fires Noem as Homeland Security Secretary
new video loaded: President Fires Noem as Homeland Security Secretary
transcript
transcript
President Fires Noem as Homeland Security Secretary
President Trump fired Kristi Noem, his embattled homeland security secretary, on Thursday and announced his plans to replace her with Senator Markwayne Mullin of Oklahoma.
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“The fact that you can’t admit to a mistake which looks like under investigation is going to prove that Ms. Good and Mr. Pretti probably should not have been shot in the face and in the back. Law enforcement needs to learn from that. You don’t protect them by not looking after the facts.” “Our greatness calls people to us for a chance to prosper, to live how they choose, to become part of something special. Anyone who searches for freedom can always find a home here. But that freedom is a precious thing, and we defend it vigorously. You crossed the border illegally — we’ll find you. Break our laws — we’ll punish you.” “Did you bid out those service contracts?” “Yes they did. They went out to a competitive bid.” “I’m asking you — sorry to interrupt — but the president approved ahead of time you spending $220 million running TV ads across the country in which you are featured prominently?” “Yes, sir. We went through the legal processes. Did it correctly —” Did the president know you were going to do this?” “Yes.” “I’m more excited about just ready to get started. There’s a lot of work we can do to get the Department of Homeland Security working for the American people.”
By Jackeline Luna
March 5, 2026
Politics
DOJ continues Biden autopen probe despite former president unlikely to face charges
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The Department of Justice (DOJ) is continuing its investigation into former President Joe Biden’s use of an autopen in the final months of his administration — focusing on pardons and commutations — though a senior official said Biden is unlikely to face criminal exposure.
A senior DOJ official told Fox News the autopen investigation is ongoing and not closed, adding investigators are reviewing clemency actions taken in the final months of the Biden administration.
The official also pointed out, however, that the use of an autopen by a sitting president is “established law.”
The issue under review is whether the autopen was used in violation of the law, specifically, whether Biden personally approved each name included on pardon and commutation lists.
A framed portrait shows former President Joe Biden’s signature and an autopen along “The Presidential Walk of Fame” outside the Oval Office of the White House. (Andrew Harnick/Getty Images)
“These types of cases are tough. Executive privilege issues come into play,” the official said.
What is also clear, the official indicated, is that the target of any potential prosecution would not likely be Biden.
“It’s hard to imagine how [Biden] could be criminally liable for pardon power,” the senior DOJ official said.
BIDEN’S AUTOPEN PARDONS DISTURBED DOJ BRASS, DOCS SHOW, RAISING QUESTIONS WHETHER THEY ARE LEGALLY BINDING
The use of the autopen by former President Joe Biden remains under investigation. (AP Photo)
The official noted that one reason the former president would be unlikely to face charges stems from a 2024 Supreme Court ruling that originally involved current President Donald Trump but would also apply to Biden.
“We conclude that under our constitutional structure of separated powers, the nature of Presidential power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office,” the Supreme Court ruled in Trump v. United States in 2024.
“At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute.”
Sources familiar with the matter told Fox News Digital that U.S. Attorney Jeanine Pirro’s team continues to review the Biden White House’s reliance on an autopen, contradicting a recent New York Times report that indicated the investigation had been paused.
DOJ SIGNALS IT’S STILL DIGGING INTO BIDEN AUTOPEN USE DESPITE REPORTS PROBE FIZZLED
President Donald Trump has pushed for consequences for former President Joe Biden’s alleged use of the autopen. (Julia Demaree Nikhinson/AP Photo)
Trump has pushed for consequences over the autopen controversy, alleging on social media that aides acted unlawfully in its use and raising the prospect of perjury charges against Biden.
Biden has rejected those claims, saying in a statement last year he personally directed the decisions in question.
“Let me be clear: I made the decisions during my presidency,” Biden said. “I made the decisions about the pardons, executive orders, legislation and proclamations. Any suggestion that I didn’t is ridiculous and false.”
The House Oversight Committee has homed in on Biden’s clemency actions, including five controversial pardons for family members in the final days of his presidency, citing what it described as a lack of “contemporaneous documentation” confirming that Biden directly ordered the pardons.
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The committee asked the DOJ to investigate “all of former President Biden’s executive actions, particularly clemency actions, to assess whether legal action must be taken to void any action that the former president did not, in fact, take himself.”
Fox News Digital’s Ashley Oliver contributed to this report.
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