Southwest
Texas grandmother jailed in alleged political retaliation wins at Supreme Court
The Supreme Court on Thursday ruled in favor of a Texas ex-councilwoman who was thrown in jail in an act of political retaliation.
Sylvia Gonzalez and her attorneys at the nonprofit Institute for Justice (IJ) sued Castle Hills Mayor JR Trevino and other officials, alleging they plotted to remove her from office as retaliation for criticizing the city manager, thereby violating her First Amendment rights.
A Fifth Circuit court tossed her case, saying she didn’t present required evidence to advance a “retaliatory-arrest” case that would show others had not been arrested after engaging in similar conduct. She had been arrested for allegedly trying to remove a document from a city council meeting that she claimed she did not realize she had in the first place, and the charges were eventually dropped.
The Supreme Court on Thursday reversed the Fifth Circuit’s decision, finding that Gonzalez’s research showing that the statute under which she had been charged had never been used in her county to prosecute someone for “trying to steal a nonbinding or expressive document” was sufficient to support her claim. The Fifth Circuit, in ruling against her, said she needed more.
“That court thought Gonzalez had to provide very specific comparator evidence — that is, examples of identifiable people who ‘mishandled a government petition’ in the same way Gonzalez did but were not arrested,” the Supreme Court said in an unsigned opinion, adding that “the demand for virtually identical and identifiable comparators goes too far.”
SUPREME COURT HEARS CASE OF TEXAS GRANDMOTHER THROWN IN JAIL AFTER CRITICIZING CITY GOVERNMENT
Castle Hills, Texas, police arrested then-Councilwoman Sylvia Gonzalez in July 2019 on a rarely used charge of tampering with a public document. (Courtesy Institute for Justice)
Gonzalez’s story began in 2019, when constituents had complained that the city manager, Ryan Rapelye, was unresponsive, particularly to their concerns over the condition of their streets.
As soon as she was elected, Gonzalez championed a nonbinding petition calling for the city manager to be replaced with a previous manager who residents felt had done a better job. Another resident introduced the petition at Gonzalez’s first city council meeting. Discussion of the manager’s job performance “grew contentious,” according to court records, and the meeting was extended through the following day.
At the end of the meeting, Gonzalez said she straightened up the papers strewn across her dais and put them in her binder before going to talk to a constituent.
A police officer interrupted the conversation, telling Gonzalez that Trevino wanted to speak with her, according to court documents. Gonzalez went back to the dais and Trevino asked where the petition was. Gonzalez said she didn’t know. Trevino allegedly asked her to look in her binder, saying he could see a clip inside.
Indeed, the petition was in the binder, so Gonzalez handed it over and thought nothing of it. But two months later, she learned from a neighbor that there was a warrant out for her arrest.
“I didn’t even know what I was accused of,” Gonzalez, a 72-year-old grandmother, told Fox News. “I’d never been in jail… and it was very scary to an old lady like me.”
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“I’d never been in jail… and it was very scary to an old lady like me,” Sylvia Gonzalez told Fox News Digital. (Institute for Justice)
Trevino and Police Chief John Siemens used the briefly displaced petition to launch a criminal investigation into Gonzalez, her lawsuit alleges. Three weeks into the investigation, the police chief assigned a “trusted friend and local attorney” to take over as a “special detective,” according to Gonzalez’s complaint.
The special detective produced an arrest affidavit alleging that Gonzalez had “been openly antagonistic” toward the city manager from her first meeting, “wanting desperately to get him fired.” The affidavit also accused Gonzalez of misleading a woman by “telling her several fabrications” about Rapelye in order to get her signature, according to court documents.
Detectives found probable cause to believe Gonzalez stole her own petition when she put it in her binder with other papers, violating a Texas ban on intentionally removing or destroying government records, according to court documents from the defendants.
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Sprinklers water the lawn in front of the U.S. Supreme Court in Washington, D.C., on April 29. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
The statute is usually used in cases involving fake Social Security numbers, forgeries of official checks and counterfeit green cards, Institute for Justice senior counsel Anya Bidwell said. IJ looked at 10 years of Bexar County data and couldn’t find “anything even remotely similar” to Gonzalez’s case, she added.
Rather than seek a summons for the nonviolent misdemeanor, the special detective took the unusual step of asking for an arrest warrant, the lawsuit contends. The special detective also went straight to a district court judge, circumventing the Bexar County District Attorney’s Office.
“They wanted to punish me, and they wanted to make sure I went to jail. And they did a good job,” Gonzalez said.
Gonzalez turned herself in, was handcuffed, spent the day sitting in jail and had her mugshot splashed across the evening news. Even though the DA’s office dropped the charge, her brief political career was over.
Gonzalez sued Trevino, Siemens, special detective Alexander Wright and the city in 2020, alleging they deprived her of her rights under the First and 14th Amendments of the U.S. Constitution.
“This is a great day for the First Amendment and Sylvia Gonzalez, who has courageously fought against retaliatory actions by government officials,” Bidwell said.
“The Supreme Court’s revision of its First Amendment retaliation doctrine ensures that Americans can seek justice when they have evidence of a retaliatory arrest. Retaliatory arrests undermine the very foundation of our democracy, and this ruling helps safeguard the rights of all Americans to speak out without fear of retribution,” Bidwell said.
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Southwest
Savannah Guthrie spotted in NYC as search for missing mother enters sixth week with few answers
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TUCSON, Ariz. — “Today” co-host Savannah Guthrie is back in New York City as the search for her missing mother enters its sixth week with little publicly known progress in her hometown of Tucson, Arizona.
Guthrie was photographed in public for the first time since her mother’s suspected abduction, alongside husband Mike Feldman and their young son in the Big Apple Sunday, days after an emotional reunion with her NBC colleagues and more than a month after her 84-year-old mother Nancy was last seen.
Nancy’s disappearance shocked the country — especially when the FBI released disturbing surveillance video of a masked man on her doorstep.
Savannah Guthrie spent weeks in Tucson with her siblings as the investigation played out — before she and her older sister, Annie, added bouquets of yellow flowers to a growing display at the foot of their mother’s driveway. She quietly flew home to New York last week.
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Savannah Guthrie is seen out in New York with her husband Michael Feldman as the “Today” show anchor makes her first public appearance more than five weeks after the suspected abduction of her mother, Nancy Guthrie. (ASPN / BACKGRID)
Sunday marked five weeks since the suspected kidnapping.
The Pima County Sheriff’s Department is leading the investigation, which is now being overseen by a task force consisting of local detectives and FBI agents.
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Savannah Guthrie visits the Today show at Rockefeller Plaza in New York on Thursday, March 5, 2026. (Charles Sykes/Invision/AP)
No suspects have been publicly identified.
A masked man who appeared on Nancy Guthrie’s Nest doorbell camera around the time authorities said she was taken is described as being of average height and build and carrying a black Ozark Trail backpack.
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Savannah Guthrie and her mother, Nancy Guthrie, are pictured Thursday, June 15, 2023. (Nathan Congleton/NBC via Getty Images)
He appeared to be armed with a handgun as well. Law enforcement sources said he visited Nancy Guthrie’s home at least once in advance of her disappearance, wearing a similar disguise.
Other identifying details are scarce.
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The use of cadaver dogs is also on hold, according to authorities, who re-canvassed Nancy Guthrie’s neighborhood as recently as last week.
When asked if that meant they believed she is still alive, Pima County Sheriff Chris Nanos declined to discuss evidence in the case.
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“Anything is possible,” he told Fox News Digital.
Authorities have said they won’t consider the case cold until they run out of viable leads to follow up on — and tens of thousands have come in so far.
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There’s a reward of more than $1.2 million in play for information that leads to Nancy’s recovery.
Savannah Guthrie has asked anyone with information to dial 1-800-CALL-FBI.
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Southwest
FBI subpoenas 2020 Arizona voting docs as federal push into election administration widens
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An Arizona state lawmaker revealed Monday that federal authorities subpoenaed him for records related to the 2020 election, marking the second publicly confirmed jurisdiction the Department of Justice is investigating over the matter.
Arizona Senate President Warren Petersen, a Republican, said in a social media post he received the subpoena for material related to the state Senate’s 2020 audit last week and complied with it.
“Late last week I received and complied with a federal grand jury subpoena for records relating to the Arizona State Senate’s 2020 audit of Maricopa County,” Petersen wrote. “The FBI has the records. Any other report is fake news.”
The request represents an expansion of a federal probe tied to 2020 after the DOJ initially targeted Fulton County, Georgia. The development also comes as President Donald Trump has grown increasingly outspoken about election security in the lead-up to the 2026 midterms, renewing his attention on disputes stemming from the last presidential race.
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An election worker removes a ballot from an envelope to count and inspect the pages inside the Maricopa County Tabulation and Election Center (MCTEC) on Election Day, Nov. 5, 2024 in Phoenix, Arizona. (PATRICK T. FALLON/AFP via Getty Images)
Petersen made the revelation after President Donald Trump shared a Just the News report about the subpoena on Truth Social, writing, “Great!!! FBI secretly seizes election records from Arizona’s largest county as voting probe expands.”
Multiple U.S. officials confirmed the election probe to Fox News, saying the DOJ is looking at a large tranche of Arizona data from 2020 and 2024.
President Donald Trump listens during an event about the Ratepayer Protection Pledge, in the Indian Treaty Room of the Eisenhower Executive Office Building on the White House complex, Wednesday, March 4, 2026, in Washington. (Jacquelyn Martin/AP Photo)
The White House directed Fox News Digital to the FBI on Monday when asked for comment. The FBI declined to comment.
Arizona Attorney General Kris Mayes, an elected Democrat, said the new investigation was based on claims that courts and state investigators have proven wrong.
“What the Trump administration appears to be pursuing now is not a legitimate law enforcement inquiry,” Mayes said in a statement. “It is the weaponization of federal law enforcement in service of crackpots and lies.”
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Attendees listen as Rep. Chip Roy (R-TX) speaks at an “Only Citizens Vote” bus tour rally advocating passage of the SAVE Act at Upper Senate Park outside the U.S. Capitol in Washington, DC, on Sept. 10, 2025. (Kent Nishimura/Getty Images)
The subpoena comes as the president increasingly focuses on election security ahead of the 2026 midterms, telling Congress in a social media post on Sunday that he will not sign any legislation into law until it passes the SAVE America Act.
The bill’s primary purpose is to require voters nationwide to show physical identification to prove citizenship to vote in federal elections. The version of the bill Trump is pushing would also ban mail-in ballots except for the military and in other extenuating circumstances.
Maricopa, Arizona’s most populous county, was a hotbed for accusations of voter fraud in 2020. Fulton County, Georgia, faced similar accusations, with the DOJ launching a separate investigation into the 2020 election earlier this year.
Trump lost Arizona in 2020 by about 0.3 percentage points. The president refused to concede, and his legal team brought a series of lawsuits alleging vote-counting irregularities, but none were successful.
Fox News’ David Spunt and Jake Gibson contributed to this report.
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Southwest
Wisconsin man who fled Border Patrol checkpoint in stolen car killed after shootout in Texas, police say
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FIRST ON FOX: A Wisconsin man driving a stolen vehicle was killed Wednesday after he fled through a U.S. Border Patrol checkpoint and led authorities on a vehicle chase and shootout in Texas.
The incident happened at around 10:30 a.m. at the Sierra Blanca checkpoint in the Big Bend Sector between El Paso and Van Horn, a remote area.
James Douglas McMillan, 33, of Greenfield, Wis., took off from the checkpoint after a Border Patrol drug K-9 alerted to the vehicle and agents directed McMillan to pull over for a secondary search, the Texas Department of Public Safety said.
A migrant walks through the Rio Grande as he crosses the U.S.-Mexico border, March 13, 2024, in El Paso, Texas. On Wednesday, a man was shot and killed by authorities near El Paso after fleeing through a U.S. Border Patrol checkpoint. (John Moore/Getty Images)
During the car chase, McMillan opened fire out of his vehicle window at DPS troopers and other authorities from several law enforcement agencies and civilian vehicles, DPS said.
“As law enforcement returned fire, DPS Troopers performed a precision immobilization technique (PIT) maneuver and successfully stopped the suspect vehicle,” a DPS statement said.
McMillan barricaded himself in his vehicle and eventually pointed his weapon towards officers, prompting officers to open fire, authorities said.
He was shot and killed. No law enforcement officers or civilians were hurt.
Investigators determined McMillan was driving a vehicle reported stolen in Arizona. The shooting is being investigated by the Texas Rangers, with assistance from the FBI and USBP.
The shooting involved Border Patrol agents and DPS troopers. (Suzanne Cordeiro/AFP via Getty Images)
In January, a man suspected of smuggling illegal immigrants was shot by federal officers during a gunfire exchange in Arizona.
Patrick Gary Schlegel, 34, fled from authorities on foot and allegedly shot at a CBP helicopter and at agents, Heith Janke, the special agent in charge of the FBI’s Phoenix Division, said at the time.
A U.S. Border Patrol officer watches a USBP helicopter. (Herika Martinez/AFP via Getty Images)
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Schlegal, a U.S. citizen from Arizona, underwent surgery and survived. No one else was harmed, authorities said.
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