Politics
From Day 1, Trump Shows He’ll Test Limits of What He Can Get Away With
His vice president, JD Vance, said he “obviously” wouldn’t do it.
His nominee for attorney general, Pam Bondi, agreed there was no way: “The president does not like people that abuse police officers,” she told senators last week.
The Republican speaker of the House, Mike Johnson, gave similar assurances that President Trump would not pardon “violent criminals” — the kind who bashed police officers with pieces of broken furniture or stashed an arsenal of weapons in Virginia to be used if their breach of the Capitol failed on Jan. 6, 2021.
Even public opinion was against Mr. Trump. Just 34 percent of Americans thought he should pardon the Jan. 6 rioters, according to a Monmouth University poll in December.
But on Monday, the first day of the second Trump presidency, he tossed caution aside and did exactly what he wanted: He decreed that every rioter would get some sort of reprieve. It didn’t matter what crimes they committed; whether they were convicted of violent acts or even seditious conspiracy, they will all eventually be cleared. Hundreds of convicts got full pardons; 14 members of far-right groups accused of sedition had their sentences expunged; and all others with ongoing cases will eventually have their charges dismissed.
Mr. Trump’s decision to intervene in even the most violent cases sends an unmistakable message about his plans for power these next four years: He intends — even more so than in his first term — to test the outer limits of what he can get away with.
“These people have been destroyed,” Mr. Trump said of the Jan. 6 rioters, after issuing the pardons, sitting behind the Resolute Desk in the Oval Office for the first time as the 47th president. “What they’ve done to these people is outrageous.”
Mr. Trump’s advisers and lawyers had spent months debating how far he should go in granting clemency to people prosecuted in connection with the Capitol riot. The White House counsel, David Warrington, presented Mr. Trump with options, some more expansive than others, according to two people briefed on the situation who spoke on the condition of anonymity to describe sensitive internal discussions.
Mr. Trump and his advisers had said during the campaign that he would approach the pardons on a case-by-case basis. It was an unspoken recognition that there were dangerous criminals within the group, but the vague formulation was also Mr. Trump’s way of keeping his options open.
He was still making up his mind over the weekend and into Monday, according to advisers. But by Sunday afternoon, people close to him had the impression that he was likely to go for a sweeping form of clemency. To have done anything less would have been an admission that there was something wrong with what his supporters did on Jan. 6, or that cause of overturning the 2020 election was somehow unjustified, or that anyone defending Mr. Trump’s view of the world had erred.
President Biden’s pre-emptive pardons for people who had investigated Mr. Trump’s role in the lead-up to the Jan. 6 assault only added to his desire to take the broadest approach possible, according to the two people with knowledge of his decision-making.
Sitting in the Capitol Rotunda awaiting Mr. Trump’s swearing-in on Monday, one senior member of Mr. Trump’s team said to others, “We can do it all now,” referring to Mr. Biden’s pardons.
The way Mr. Trump sees it, he didn’t only defeat the Democrats in the 2024 campaign; he also vanquished the remnants of Republican opposition, the mainstream media and a justice system that he saw as a force weaponized against him. He has occasionally claimed that the only retribution he wants in office is “success” for the country; but it’s clear from what he has said and done in his first 24 hours on the job that he also wants payback.
The pardons were among several Day 1 actions — some public, some less so — that revealed his plans to get even.
Mr. Trump revoked the Secret Service protection for John R. Bolton, his former national security adviser who fell out with him. Agents had guarded Mr. Bolton since 2021, after U.S. authorities learned of an alleged Iranian plot to assassinate him; a person was criminally charged with targeting him in 2022.
Mr. Trump also revoked Mr. Bolton’s security clearance and that of 49 former intelligence officials who signed a letter before the 2020 election claiming that a laptop belonging to Mr. Biden’s son Hunter appeared to be part of a Russian disinformation operation.
Another of Mr. Trump’s executive orders, lost within the blur of activity on Inauguration Day, suggests an even broader scope for retribution.
The order, titled “Ending the Weaponization of the Federal Government,” has a preamble that asserts as fact that the Biden administration weaponized its prosecutorial powers in pursuing criminal investigations of Mr. Trump and his allies. The order instructs federal agencies, including the Justice Department and the intelligence community, to dig deep to demonstrate the alleged weaponization and then to send reports of the misconduct to the White House. The order sets up what will be, at a minimum, a name-and-shame exercise.
More likely, it will provide a road map for prosecutions.
The White House did not respond to an email seeking comment.
‘He earned power, and now he’s going to use it’
Mike Davis, a Republican lawyer and supporter of Mr. Trump who advocated pardons in connection with the Jan. 6 riot, said the president had learned a great deal about executive power over the past eight years. He said Mr. Trump will not be constrained by people who want to stymie him for what he sees as political reasons.
“This election was a referendum on Trump, on MAGA and on lawfare, and the American people rendered their verdict on Nov. 5,” Mr. Davis said. “He earned power, and now he’s going to use it, like Democrats.”
Mr. Davis was not worried about any backlash to the pardons. “He understands how to govern,” he said, adding that “he knows that public opinion can be changed.”
The Jan. 6 pardons culminated a four-year campaign to rewrite the history of the riot as a day in which Mr. Trump and his supporters were the righteous victims and those investigating their actions were the villains.
That wasn’t always Mr. Trump’s view — or at least not his publicly stated one. The day after the attack, he recorded a video in which he described the assault on the Capitol as “heinous,” adding, “to those who broke the law, you will pay.” This was the second video he released after the riot; his staff thought his first video was too sympathetic to the rioters and they persuaded him to tape another.
In the final days of his first term, Mr. Trump privately discussed the possibility of granting clemency to people involved in the riot. He dropped the idea, but within months of leaving office, Mr. Trump began reframing Jan. 6 as a patriotic day, “a day of love.”
He integrated the “J6 community” into his campaign as patriotic martyrs or, as he called them, “hostages.” Mr. Trump played at his rallies a version of “The Star-Spangled Banner” recorded by a choir of imprisoned Jan. 6 defendants. His nominee for F.B.I. director, Kash Patel, had the idea of turning it into a song, dubbed over with Mr. Trump reciting the Pledge of Allegiance. Mr. Trump still plays the recording on his patio at Mar-a-Lago, as guests stand and sing along, hands over hearts.
Daniel Hodges, one of the officers who was injured on Jan. 6 after being pinned in a doorway of the Capitol and crushed, said Mr. Trump’s whitewashing of Jan. 6 was necessary to preserve his supporters’ belief in their own goodness and patriotism.
“In a way he had to lean into it and say that these insurrectionists were patriots,” said Officer Hodges. If Mr. Trump didn’t elevate the rioters, “they would have to come to terms with the fact that they led an attack against the United States of America — and that’s very antithetical to their self-image.”
The speed with which the mammoth investigation of Jan. 6 collapsed astonished even those who had been mentally preparing for it. Within the space of an evening, not only were nearly 1,600 people granted clemency, but defendants were walking out of prison — among them Enrique Tarrio and Joseph Biggs, two leaders of the Proud Boys serving lengthy sentences for seditious conspiracy.
Ed Martin, Mr. Trump’s new interim U.S. attorney in Washington, was already moving to dismiss riot cases — including the trial of a former F.B.I. agent accused of confronting officers at the Capitol, calling them Nazis and encouraging a mob of Trump supporters to kill them. Mr. Martin sits on the board of the most prominent legal fund-raising group to help Jan. 6 defendants.
Mr. Trump has always favored a maximalist approach toward whatever he does, but he has sometimes stopped short when external constraints seem immovable. It’s unclear, now, how much is left in Washington to restrain him.
He has far more capacity to get what he wants than he did four years ago. He is more knowledgeable about the range of his presidential powers and is far more willing to test them in court. His order to terminate birthright citizenship was something he pushed his administration to do in his first term right up until his 2020 election, but his White House lawyers and his attorney general, William P. Barr, told him he did not have the authority to nullify a right guaranteed by the 14th Amendment.
He now has a more favorable judiciary, which he transformed in his first term, and he has a far more compliant Republican leadership in Congress. Few G.O.P. lawmakers have been willing to say anything critical about Mr. Trump’s pardons of the rioters.
Mr. Trump’s team is also far less of a restraint on his impulses. His second term West Wing contains none of the type of first term aides who tried to talk him out of his most extreme ideas. In their place is a team of loyalists who may occasionally disagree on policy, but are true believers in his instincts, especially after his remarkable comeback.
His team has weeded out anybody they view as disloyal to Mr. Trump. Even people with no known history of opposition to Mr. Trump have been blacklisted because of their associations with Republicans he now views as disloyal. That group includes Republicans he hired in his first term such as Nikki Haley and Mike Pompeo.
Many Trump aides have received subpoenas over the past four years, and some of his closest aides, including his aide Walt Nauta, have been indicted. These investigations further radicalized many of his advisers against what they pejoratively refer to as the “deep state.” Many of them are now joining him in his return to government for this second shot at power. They don’t plan to waste it.
Politics
Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins
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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.
Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.
The Department of Justice did not immediately respond to Fox News Digital’s request for comment.
DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES
Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.
He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.
The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.
BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS
Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.
As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.
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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)
Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
Politics
Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC
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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.
“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing.
“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”
Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.
“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.
“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”
Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.
“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued.
“NO MORE MR. NICE GUY!
“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”
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