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Supreme Court divided on homelessness case that will impact California encampment policy

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Supreme Court divided on homelessness case that will impact California encampment policy

Supreme Court justices sounded deeply divided Monday over whether to give cities in the West more authority to restrict homeless encampments on sidewalks and other public property.

The court’s three liberals said they were wary of giving cities a broad and unchecked power to use arrests and fines to punish homeless people who are sleeping outside.

“Sleeping is a biological necessity,” said Justice Elena Kagan. She told a lawyer representing the city of Grants Pass, Ore., that it “seems like you are criminalizing the status of homelessness.”

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But conservatives, led by Chief Justice John G. Roberts jr., said they were skeptical of treating homelessness as a status that deserves constitutional protection.

People can be homeless for one week and find shelter the next week. “You can move into and out of that status,” he said.

For more than two hours, the justices and attorneys argued back and forth about whether homeless people should be protected from city laws that could punish them because they have nowhere to sleep.

Los Angeles-based attorney Theane Evangelis, representing the Oregon city, said the problem of homelessness has been made worse in the West because of 9th Circuit Court of Appeals rulings that found it was unconstitutional for cities to impose fines or other punishments on homeless people who sleep outdoors. No other appellate court in the nation has followed suit.

She began by urging the justices to “end the 9th Circuit’s failed experiment.” She said cities should have the flexibility to enforce ordinances that limit where people can sleep and camp.

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It was not clear there was a solid majority to overturn the 9th Circuit entirely; some justices appeared to favor a middle-ground approach.

That would allow cities to regulate where people can sleep outside, but it would not prohibit camping or sleeping throughout the city.

Deputy U.S. Solicitor Gen. Ed Kneedler urged the court to adopt that approach. While cities should not make it a crime for homeless people to sleep outdoors, cities should have “flexibility to enforce” reasonable restrictions on where homeless people can sleep, he said.

Many cities in California, including Los Angeles, generally follow that approach.

Justices Brett M. Kavanaugh and Amy Coney Barrett may hold the deciding votes. Both questioned laws that would punish homeless people for sleeping outdoors, but as Kavanaugh put it, they doubted the wisdom of having federal judges “micromanage” a city’s policies for coping with homelessness.

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The case of Grants Pass vs. Johnson is the most important dispute over homelessness to come before the high court.

At issue is whether the Constitution protects the rights of homeless people who camp on sidewalks or in parks.

The San Francisco-based 9th Circuit held it is cruel and unusual punishment for cities or their police to arrest or fine people who sleep in public because they have nowhere else to go.

City attorneys say those rulings have led to the growth of homeless encampments in California and the West, and they urged the justices to overturn the 9th Circuit.

Advocates for homeless people said a ruling in favor of Grants Pass would allow cities to make it a crime for poor people to sleep outside.

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The justices will meet behind close doors on Thursday to vote on deciding the case, and they are likely to hand down a ruling late June.

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Dan Bongino officially leaves FBI deputy director role after less than a year, returns to ‘civilian life’

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Dan Bongino officially leaves FBI deputy director role after less than a year, returns to ‘civilian life’

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Dan Bongino returned to private life on Sunday after serving as deputy director of the Federal Bureau of Investigation (FBI) for less than a year.

Bongino said on X that Saturday was his last day on the job before he would return to “civilian life.”

“It’s been an incredible year thanks to the leadership and decisiveness of President Trump. It was the honor of a lifetime to work with Director Patel, and to serve you, the American people. See you on the other side,” he wrote.

The former FBI deputy director announced in mid-December that he would be leaving his role at the bureau at the start of the new year.

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BONDI, PATEL TAP MISSOURI AG AS ADDITIONAL FBI CO-DEPUTY DIRECTOR ALONGSIDE BONGINO

Dan Bongino speaks with FBI Director Kash Patel as they attend the annual 9/11 Commemoration Ceremony at the National 9/11 Memorial and Museum in New York City on Sept. 11, 2025. (Michael M. Santiago/Getty Images)

President Donald Trump previously praised Bongino, who assumed office in March, for his work at the FBI.

“Dan did a great job. I think he wants to go back to his show,” Trump told reporters.

FBI DIRECTOR, TOP DOJ OFFICIAL RESPOND TO ‘FAILING’ NY TIMES ARTICLE CLAIMING ‘DISDAIN’ FOR EACH OTHER

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“After his swearing-in ceremony as FBI Deputy Director, Dan Bongino paid his respects at the Wall of Honor, honoring the brave members of the #FBI who made the ultimate sacrifice and reflecting on the legacy of those who paved the way in the pursuit of justice and security,” the FBI said in a post on X. (@FBI on X)

Bongino spoke publicly about the personal toll of the job during a May appearance on “Fox & Friends,” saying he had sacrificed a lot to take the role.

“I gave up everything for this,” he said, citing the long hours both he and FBI Director Kash Patel work.

“I stare at these four walls all day in D.C., by myself, divorced from my wife — not divorced, but I mean separated — and it’s hard. I mean, we love each other, and it’s hard to be apart,” he added.

The FBI’s J. Edgar Hoover headquarters building in Washington on Nov. 2, 2016. (AP Photo/Cliff Owen, File)

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Bongino’s departure leaves Andrew Bailey, who was appointed co-deputy director in September 2025, as the bureau’s other deputy director.

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Commentary: Unhappy with the choices for California governor? Get real

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Commentary: Unhappy with the choices for California governor? Get real

California has tried all manner of design in choosing its governor.

Democrat Gray Davis, to name a recent example, had an extensive background in government and politics and a bland demeanor that suggested his first name was also a fitting adjective.

Republican Arnold Schwarzenegger, by contrast, was a novice candidate who ran for governor on a whim. His super-sized action hero persona dazzled Californians like the pyrotechnics in one of his Hollywood blockbusters.

In the end, however, their political fates were the same. Both left office humbled, burdened with lousy poll numbers and facing a well of deep voter discontent.

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(Schwarzenegger, at least, departed on his own terms. He chased Davis from the Capitol in an extraordinary recall and won reelection before his approval ratings tanked during his second term.)

There are roughly a dozen major candidates for California governor in 2026 and, taken together, they lack even a small fraction of Schwarzenegger’s celebrity wattage.

Nor do any have the extensive Sacramento experience of Davis, who was a gubernatorial chief of staff under Jerry Brown before serving in the Legislature, then winning election as state controller and lieutenant governor.

That’s not, however, to disparage those running.

The contestants include a former Los Angeles mayor, Antonio Villaraigosa; three candidates who’ve won statewide office, former Atty. Gen. Xavier Becerra, schools Supt. Tony Thurmond and former Controller Betty Yee; two others who gained national recognition during their time in Congress, Katie Porter and Eric Swalwell; and Riverside County’s elected sheriff, Chad Bianco.

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The large field offers an ample buffet from which to choose.

The rap on this particular batch of hopefuls is they’re a collective bore, which, honestly, seems a greater concern to those writing and spitballing about the race than a reflection of some great upwelling of citizens clamoring for bread and circuses.

In scores of conversations with voters over the past year, the sentiment that came through, above all, was a sense of practicality and pragmatism. (And, this being a blue bastion, no small amount of horror, fear and loathing directed at the vengeful and belligerent Trump administration.)

It’s never been more challenging and expensive to live in California, a place of great bounty that often exacts in dollars and stress what it offers in opportunity and wondrous beauty.

With a governor seemingly more focused on his personal agenda, a 2028 bid for president, than the people who put him in office, many said they’d like to replace Gavin Newsom with someone who will prioritize California and their needs above his own.

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That means a focus on matters such as traffic, crime, fire prevention, housing and homelessness. In other words, pedestrian stuff that doesn’t light up social media or earn an invitation to hold forth on one of the Beltway chat shows.

“Why does it take so long to do simple things?” asked one of those voters, the Bay Area’s Michael Duncan, as he lamented his pothole-ridden, 120-mile round-trip commute between Fairfield and an environmental analyst job in Livermore.

The answer is not a simple one.

Politics are messy, like any human endeavor. Governing is a long and laborious process, requiring study, deliberation and the weighing of competing forces. Frankly, it can be rather dull.

Certainly the humdrum of legislation or bureaucratic rule-marking is nothing like the gossipy speculation about who may or may not bid to lead California as its 41st governor.

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Why else was so much coverage devoted to whether Sen. Alex Padilla would jump into the gubernatorial race — he chose not to — and the possible impact his entry would have on the contest, as opposed to, say, his thinking on CEQA or FMAP?

(The former is California’s much-contested Environmental Quality Act; the latter is the formula that determines federal reimbursement for Medi-Cal, the state’s healthcare program for low-income residents.)

Just between us, political reporters tend to be like children in front of a toy shop window. Their bedroom may be cluttered with all manner of diversion and playthings, but what they really want is that shiny, as-yet unattained object — Rick Caruso! — beckoning from behind glass.

Soon enough, once a candidate has entered the race, boredom sets in and the speculation and desire for someone fresh and different starts anew. (Will Atty. Gen. Rob Bonta change his mind and run for governor?)

For their part, many voters always seem to be searching for some idealized candidate who exists only in their imagination.

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Someone strong, but not dug in. Willing to compromise, but never caving to the other side. Someone with the virginal purity of a political outsider and the intrinsic capability of an insider who’s spent decades cutting deals and keeping the government wheels spinning.

They look over their choices and ask, in the words of an old song, is that all there is? (Spoiler alert: There are no white knights out there.)

Donald Trump was, foremost, a celebrity before his burst into politics. First as a denizen of New York’s tabloid culture and then as the star of TV’s faux-boardroom drama, “The Apprentice.”

His pizzazz was a large measure of his appeal, along with his manufactured image as a shrewd businessman with a kingly touch and infallible judgment.

His freewheeling political rallies and frothy social media presence were, and continue to be, a source of great glee to his fans and followers.

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His performance as president has been altogether different, and far less amusing.

If the candidates for California governor fail to light up a room, that’s not such a bad thing. Fix the roads. Make housing more affordable. Help keep the place from burning to the ground.

Leave the fun and games to the professionals.

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Kamala Harris blasts Trump administration’s capture of Venezuela’s Maduro as ‘unlawful and unwise’

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Kamala Harris blasts Trump administration’s capture of Venezuela’s Maduro as ‘unlawful and unwise’

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Former Vice President Kamala Harris on Saturday evening condemned the Trump administration’s capture of Venezuelan dictator Nicolás Maduro and his wife, calling the operation both “unlawful” and “unwise.”

In a lengthy post on X, Harris acknowledged that Maduro is a “brutal” and “illegitimate” dictator but said that President Donald Trump’s actions in Venezuela “do not make America safer, stronger, or more affordable.”

“Donald Trump’s actions in Venezuela do not make America safer, stronger, or more affordable,” Harris wrote. “That Maduro is a brutal, illegitimate dictator does not change the fact that this action was both unlawful and unwise. We’ve seen this movie before.

“Wars for regime change or oil that are sold as strength but turn into chaos, and American families pay the price.”

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SEE PICS: VENEZUELANS WORLDWIDE CELEBRATE AS EXILES REACT TO MADURO’S CAPTURE

Vice President Kamala Harris had strong words for the Trump administration’s capture of Venezuelan leader Nicolás Maduro. (Montinique Monroe/Getty Images)

Harris made the remarks hours after the Trump administration confirmed that Maduro and his wife were captured and transported out of Venezuela as part of “Operation Absolute Resolve.”

The former vice president also accused the administration of being motivated by oil interests rather than efforts to combat drug trafficking or promote democracy.

“The American people do not want this, and they are tired of being lied to. This is not about drugs or democracy. It is about oil and Donald Trump’s desire to play the regional strongman,” Harris said. “If he cared about either, he wouldn’t pardon a convicted drug trafficker or sideline Venezuela’s legitimate opposition while pursuing deals with Maduro’s cronies.”

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SECOND FRONT: HOW A SOCIALIST CELL IN THE US MOBILIZED PRO-MADURO FOOT SOLDIERS WITHIN 12 HOURS

President Donald Trump shared a photo of captured Venezuelan President Nicolás Maduro aboard the USS Iwo Jima after Saturday’s strikes on Venezuela. (Donald Trump via Truth Social)

Harris, who has been rumored as a potential Democratic contender in the 2028 presidential race, additionally accused the president of endangering U.S. troops and destabilizing the region.

“The President is putting troops at risk, spending billions, destabilizing a region, and offering no legal authority, no exit plan, and no benefit at home,” she said. “America needs leadership whose priorities are lowering costs for working families, enforcing the rule of law, strengthening alliances, and — most importantly — putting the American people first.”

MADURO’S FALL SPARKS SUSPICION OF BETRAYAL INSIDE VENEZUELA’S RULING ELITE

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CIA Director John Ratcliffe, left, President Donald Trump and Secretary of State Marco Rubio watch U.S. military operations in Venezuela from Mar-a-Lago in Florida early Saturday. (Donald Trump via Truth Social)

Maduro and his wife arrived at the Metropolitan Detention Center in Brooklyn late Saturday after being transported by helicopter from the DEA in Manhattan after being processed.

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Earlier in the day, Trump said that the U.S. government will “run” Venezuela “until such time as we can do a safe, proper and judicious transition.”

Harris’ office did not immediately respond to Fox News Digital’s request for comment.

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Fox News Digital’s Jasmine Baehr contributed to this report.

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