Politics
Biden's attorney general is fighting back as the GOP-led House contemplates contempt
Attorney General Merrick Garland is fighting back.
The Republican-led House of Representatives intends to hold him in contempt of Congress this week – if it can muster the votes. Remember, it’s all about the math.
A senior House leadership source told Fox the vote would be Wednesday. But when asked, House Speaker Mike Johnson, R-La., wouldn’t quite commit to that.
Garland was mum when yours truly pursued him down a hallway before a hearing with the House Judiciary Committee in the Rayburn House Office Building – even absorbing a gratuitous elbow from his FBI security detail before he ducked into an anteroom.
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“Are you going to kind of punch back against what they’re trying to do on contempt?” I asked Garland as we walked briskly down the corridor.
No response.
“Are you going to kind of punch back against what they’re trying to do on contempt?”
Silence.
“Do you feel this has been an abuse of the process when it comes to contempt?”
See above.
Attorney General Merrick Garland testifies during a House Judiciary Committee hearing on the Department of Justice, on Tuesday, June 4, 2024, on Capitol Hill in Washington. (AP/Jacquelyn Martin)
But when House Judiciary Committee Chairman Jim Jordan, R-Ohio, gaveled down the hearing, the bookish Garland threw the verbal book at Republicans. Garland was furious when it came to suppositions that his department had it in for former President Trump and was biased against Republicans.
“These attacks have not and they will not influence our decision making. I view contempt as a serious matter,” said Garland. “I will not be intimidated. And the Justice Department will not be intimidated. We will continue to work to do our jobs free from political influence. And we will not back down from defending democracy.”
“Lawfare” is the GOP’s new mantra when it comes to Garland, Manhattan District Attorney Alvin Bragg and Fulton County prosecutor Fani Willis. In fact, Republicans accused Garland’s Justice Department of teaming up with local authorities to target Mr. Trump.
Jordan threw a bombardment of verbal haymakers at Garland, ticking through a host of grievances against the Attorney General in hopes that one might land.
“This is the same Department of Justice whose Civil Rights Division has done nothing to address the attacks on Jewish students at college campuses. This is the same Department of Justice who can’t tell us who planted the pipe bombs on January 6th. Who leaked the Dobbs draft opinion. And who put cocaine in the White House,” charged Jordan. “Many American believe there’s now a double standard in our justice system. They believe that because there is.”
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“They see that Lady Justice’s blindfold has slipped off,” tacked on Rep. Ben Cline, R-Va.
But Democrats were having none of Republican conjecture about a two-tiered justice system.
In fact, Garland characterized GOP allegations of prejudice as a “conspiracy theory.”
“An attack on the rule of law tears down people’s confidence in the basic fundamental element of our democracy,” declared Garland.
(Aaron Schwartz/NurPhoto via Getty Images)
Rep. Matt Gaetz, R-Fla., tangled with the attorney general over providing “correspondence between the department and Alvin Bragg’s office.”
“You lodge this attack that it’s a conspiracy theory that this is coordinated lawfare against (former President) Trump,” said Gaetz. “But when you say ‘we’ll take your request and work it through the DoJ accommodation process,’ then you’re actually advancing the very dangerous conspiracy theory that you’re concerned about.”
Democrats chided Republicans who argued that the fix was in on behalf of Hunter Biden – noting that the president’s own Justice Department prosecuted the first son. That’s to say nothing of ongoing prosecutions involving Sen. Bob Menendez, D-N.J., and Rep. Henry Cuellar, D-Tex.
Rep. Steve Cohen, D-Tenn., suggested that Democrats had concrete evidence that it didn’t tilt the tables against Republicans.
“I notice Mr. Gaetz, who took you on first, is not here now,” observed Cohen to Garland. “And that’s unfortunate because he is living testament to the fact and direct evidence that you have not weaponized the Justice Department. He was investigated for sex trafficking. And while many expected a prosecution, you chose not to prosecute this very active Republican.”
Democrats certainly didn’t want to see Hunter Biden – the president’s son – convicted on firearms charges. But the conviction of Hunter gives Democrats an opportunity to argue that the GOP narrative of an uneven justice system fails to stand up.
“When Donald Trump was convicted, we saw an immediate reaction from Republican leaders. It was like within seconds that this trial is a sham. The judge is corrupt. The jury is rigged. And the contrast today is just staggering,” said Rep. Jim McGovern, D-Mass., the top Democrat on the House Rules Committee. “But when a Democrat is convicted – the president’s son, no less – that’s justice. Give me a break.”
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Mike Johnson denied that the Hunter Biden conviction undermined GOP claims.
“It doesn’t. Every case is different. And clearly the evidence was overwhelming here. I don’t think that’s the case in the (President) Trump trials. And all the charges that have been brought against him have been obviously brought for political purposes. Hunter Biden is a separate incident,” said Johnson.
If Republicans forge ahead with contempt, it’s because they have the votes – despite their narrow majority. Moderates now appear to be willing to find Garland in contempt of Congress.
“I think this administration has sought to run out the clock and avoid the responsibility,” said Rep. Marc Molinaro, R-N.Y. “I don’t have to agree or disagree with a president to know that Congress has a responsibility to provide the checks, balances and oversight. And this administration should comply with it, whether they like it or not. I’ll certainly support a contempt vote.”
“He has a responsibility to comply with lawful subpoenas,” said Rep. Mike Lawler, R-N.Y. “He is picking and choosing what he wants to comply with.”
(AP Photo/Carolyn Kaster)
The House voted in 2012 to hold then-Attorney General Eric Holder in contempt of Congress. House Republicans accused Holder of withholding documents related to a gun-running investigation called Fast and Furious. The House voted 255-67 to hold Holder in criminal contempt. Two Republicans voted nay. Seventeen Democrats voted yes. But most Democrats sat out the vote in protest.
Don’t expect any Democrats to join the effort this year. And the DoJ won’t prosecute Garland.
Republicans know that. And while many want to stand up for the institution, many would prefer to have the issue heading into November. They’ll point to the Biden Justice Department failing to prosecute Garland for not cooperating with Congress. Yet the DoJ prosecuted former Trump aides Steve Bannon and Peter Navarro for failing to comply with subpoenas related to January 6.
Republicans will remind their voters of that. And they were sure to threaten Garland in case former President Trump returns to the White House.
“You know what happened to Peter Navarro and Steve Bannon when they decided to defy a subpoena of the Congress?” asked Rep. Dan Bishop, R-N.C. “Mr. Navarro’s in prison.”
Politics
Biden judge rejects Trump’s sanctuary cities lawsuit, says even a win wouldn’t solve DOJ’s problem
Authorities investigate ICE ramming incident in New Jersey
Criminal defense attorney Josh Ritter and former NYPD Lt. Darrin Porcher react to the New Jersey incident where an illegal alien allegedly rammed an ICE agent. They emphasize the staggering 3300% increase in vehicle attacks against law enforcement officers.
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A federal judge has tossed the Trump administration’s lawsuit against four New Jersey sanctuary cities, ruling the Justice Department targeted local policies that largely mirror a statewide immigration directive — meaning a court victory wouldn’t eliminate restrictions on ICE cooperation.
U.S. District Judge Evelyn Padin of the District of New Jersey, who was appointed by President Joe Biden, on Wednesday dismissed the Department of Justice’s lawsuit against Newark, Hoboken, Jersey City and Paterson, ruling the federal government lacked standing because striking down the cities’ policies would not remedy its alleged injuries.
“The Federal Government’s case has a fundamental flaw — it treats the Challenged Policies as though they operate in isolation. They do not,” Padin wrote. “New Jersey’s Immigrant Trust Directive is a statewide directive that, like the Challenged Policies, limits voluntary cooperation with federal civil immigration enforcement beyond what the law requires.”
The lawsuit was part of President Donald Trump’s renewed immigration crackdown following his return to office. Since declaring a national emergency at the southern border on Jan. 20, 2025, the administration has aggressively targeted so-called sanctuary jurisdictions, arguing that local policies limiting cooperation with ICE obstruct federal immigration enforcement and violate the Constitution.
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Immigration and Customs Enforcement (ICE) agents stand outside Delaney Hall detention center in Newark, New Jersey. 5/28/26. (Rashid Umar Abbasi for Fox News Digital.)
The Justice Department filed the lawsuit in May 2025, arguing the four cities’ sanctuary policies violate the Constitution’s Supremacy Clause by interfering with federal immigration enforcement, including limiting voluntary cooperation with ICE, restricting information sharing, declining to honor certain immigration detainers and barring participation in civil immigration enforcement beyond what federal law requires.
Newark, Hoboken and Jersey City each adopted executive orders declaring themselves “fair and welcoming” or “sanctuary” cities, while Paterson implemented police procedures designed to comply with New Jersey’s immigrant protections. The cities have argued the policies preserve community trust and allow local police to focus on state and local crime rather than federal civil immigration enforcement.
But Padin did not address the question of whether the sanctuary policies are constitutional. Instead, she ruled the federal government lacked standing because New Jersey’s Immigrant Trust Directive independently imposes many of the same restrictions on law enforcement agencies across the state.
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New Jersey Gov. Mikie Sherrill said ICE is denying her access to Newark’s Delaney Hall detention center. (Rashid Umar Abbasi for Fox News Digital; Daniel Heuer/Bloomberg via Getty Images)
The directive, first issued under former Gov. Phil Murphy in 2018 and codified into state law by Gov. Mikie Sherrill earlier this year, limits when state and local police can cooperate with federal immigration authorities on civil immigration enforcement.
Because the statewide directive wasn’t challenged in this case, Padin concluded that even if she struck down the cities’ policies, many of the same restrictions would remain in place.
“Even if the Court enjoined the Challenged Policies,” she wrote, “its injuries would persist.”
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That directive has already survived multiple legal challenges. The Third Circuit upheld it after New Jersey counties argued it conflicted with federal immigration law, and the Justice Department later sued New Jersey directly over the policy, lost and did not appeal.
“No judgment here could invalidate the ITD or relieve municipal law enforcement officers of their independent obligation to follow it,” Padin wrote.
U.S. Immigration and Customs Enforcement agents are seen at Terminal 1 of JFK Airport in New York City. An ICE agent saved the life of a 1-year-old boy at JFK after performing the Heimlich maneuver, the Department of Homeland Security said. (Getty Images)
The opinion also faulted the government for failing to identify concrete injuries caused solely by the cities’ policies. While the Justice Department cited several instances in which ICE detainers allegedly were ignored, every example involved the Essex County Correctional Facility, a county-operated jail that is not a defendant in the lawsuit and is governed by the statewide directive.
“The Federal Government must plead facts that substantiate its feared harm,” Padin wrote.
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Padin dismissed the lawsuit without prejudice, meaning the administration isn’t barred from bringing the case again if it can overcome the standing issue.
The Justice Department declined to comment.
Politics
Supreme Court rules Trump may end legal protection for Haitians and Syrians
WASHINGTON — The Supreme Court ruled Thursday that the Trump administration may end the Temporary Protected Status granted to more than 350,000 Haitians and Syrians whose home countries remain unsafe.
In a 6-3 decision, the court’s conservative majority said Congress gave the administration, not judges, the power to cancel or renew this temporary protection for non-citizens who are living and working here.
In a second win Thursday for the Trump administration, the court also upheld the administration’s policy of blocking asylum seekers at the southern border.
By the same 6-3 vote, the court said migrants do not have a right to apply for asylum if they are not already in the United States.
The decision on Temporary Protected Status could affect up to 1.3 million non-citizens who are in the country.
In 1990, Congress authorized this emergency humanitarian relief for non-citizens whose home countries were wracked by armed conflict, natural disasters or other extraordinary disruptions.
Under the law, the Department of Homeland Security may grant this protection for 6, 12 or 18 months and either renew or extend it for a similar period.
But this legal authority has been under dispute since Trump returned to the White House last year and targeted the 1.3 million people with TPS from 17 countries who were living in the United States.
Trump’s lawyers said the law made clear there was “no judicial review” of the government’s decision to cancel the grant of temporary protection.
However, immigrant rights lawyers argued the government failed in its duty to consult the State Department and assess whether it was safe for migrants to return home.
Repeatedly, U.S. district judges agreed with the challengers and ruled the administration’s decisions were “arbitrary” and unreasonable. But in nearly every case, the Supreme Court granted emergency appeals from the administration and set aside those orders.
Since TPS was created, the government has ended the protected designation for citizens of 18 countries.
DHS under then-Secretary Kristi Noem ended TPS for Honduras, Nicaragua, Afghanistan and Venezuela. A spokesperson for the agency previously said the Haiti designation became “a de facto amnesty program” and that allowing Syrians to remain is contrary to national interest.
Advocates for the immigrants argue that the administration failed to conduct the required process to properly evaluate each country’s conditions and instead acted on political grounds driven by racial animus.
State Department travel advisories for both countries warn people against traveling to either because of the risk of terrorism, kidnapping and widespread violence. But Federal Register notices announcing the terminations said country conditions had improved enough.
Recently released internal documents show that DHS decided to terminate protections for Haitians without any input from the State Department.
Citing the documents, which were obtained by the National TPS Alliance in a separate lawsuit, lawyers for the Haitians asked the Supreme Court to dismiss the case and send it back to lower courts. They argued that the justices should first consider the communications before issuing a decision.
Internal emails show that homeland security officials sought a recommendation from the State Department in May 2025, ahead of Noem’s early June deadline on whether to extend protections for Haiti. But by the time Noem signed what appears to be a final decision memo, U.S. Citizenship and Immigration Services had not received input from the State Department, the emails show.
“State recommendation for Haiti TPS has not come in despite of many outreach,” a homeland security deputy assistant secretary wrote in a June 2, 2025, email. A recommendation “would be helpful to have,” the person added.
Eleven days later, a USCIS project manager wrote in an email that Noem “recently elected to terminate Haiti without country conditions from DOS.”
USCIS initially recommended automatically extending protections before Homeland Security decided to terminate them, earlier versions of the memo indicate.
The June decision was blocked by a federal judge. In November, DHS issued another notice terminating TPS protections for Haitians.
That time, according a previously publicized email, a homeland security senior counselor asked a State Department official for the agency’s views on the country conditions in Haiti. The official, Spencer Chretien, didn’t address the country conditions but responded that “there would be no foreign policy concerns.”
Lawyers for the Haitians argued that response didn’t meet the legal standard for a sufficient consultation, though the Trump administration disagreed.
Politics
Closed-door outburst turns into victory for Trump’s Iran negotiations
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An explosive meeting in the Senate turned into a win for President Donald Trump and his administration as key Republicans flipped on another bid to handcuff the administration’s authorities in Iran.
In its final act before leaving Washington, D.C., for an over two-week break, the Senate rejected Democrats’ attempt to rein in Trump’s war powers in Iran as talks continue between Iran and the U.S. to hammer out a long-term peace deal.
It was the same war powers resolution from Sen. Tim Kaine, D-Va., that passed over a month ago and stunned Republicans in the upper chamber.
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Majority Leader John Thune, R-S.D., and Senate GOP leaders are pushing forward with budget reconciliation to fund the final piece of government that had been shut down by Senate Democrats’ opposition to President Donald Trump’s Immigration and Customs Enforcement actions. (Nathan Posner/Anadolu)
What seemed like a predetermined outcome just hours after Trump and Sen. Bill Cassidy, R-La., sparred over the Iran war, and the administration’s lack of forthcomingness with lawmakers, during a closed-door meeting to discuss the president’s marquee voter ID and citizenship verification legislation turned into a surprise late night win.
Trump argued to the GOP that the previous war powers resolution, which passed on Tuesday thanks in part to a pair of Republicans being absent, hurt the administration’s negotiating position with the Iranians.
Meetings with key holdouts at the White House helped change the minds of Cassidy and Sen. Rand Paul, R-Ky., who has routinely voted with Democrats on every war powers resolution brought forward, and provided the administration with a win as they work toward a deal beyond the 60-day memorandum of understanding with Iran.
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“I want to thank Vice President [JD] Vance and Special Envoy [Steve] Witkoff for the thorough briefing this afternoon on Iran,” Cassidy said on X. “I appreciate the quick invitation to the White House to address many of my concerns.”
And Paul, who voted present, noted that his “opinion on the debate over war and executive power has not changed and I have voted that way several times.”
“But since hostilities seem to be over and the President asked me to give consideration to his negotiating position, I will do so,” Paul said on X. “My vote of present is a way to give the President more space and leverage to negotiate a lasting peace.”
Sen. Chris Murphy, D-Conn., who has been at the forefront among Democrats in pushing war powers resolutions in the upper chamber, acknowledged that “this is a different moment,” but cautioned that the ceasefire appeared to be “precarious right now.”
When asked if he believed Trump’s case to Republicans that the successful war powers vote just a day before was hurting the administration’s leverage, Murphy said, “The Iranians don’t — you know, all they have to do is read a poll and find out that people in this country don’t support the war. They didn’t support the war.”
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President Donald Trump boards Air Force One as he departs Reading Regional Airport in Reading, Pa., on Tuesday, June 23, 2026. (Evelyn Hockstein/Reuters)
Still, it marked a key win for Senate Majority Leader John Thune, R-S.D., and the Senate GOP’s whip operation, led by Senate Majority Whip John Barrasso, R-Wyo., to flip the skeptics into backers of the administration’s long game in Iran after several contentious weeks in the Senate spurred by Trump’s last-minute decisions that either derailed or torpedoed several of his key agenda items.
Thune and Barrasso, accompanied by Sens. Lindsey Graham, R-S.C., and Bernie Moreno, R-Ohio, huddled in the GOP leader’s office as the vote wound down late Wednesday to call Trump, and share the news of the vote.
“Wow! The Senate just changed its vote on Iran from 50-48 against, to 50-47 for,” Trump said on Truth Social. “Rand Paul and Bill Cassidy changed. Thank you to Leader John Thune, Lindsey Graham, Bernie Moreno, and all. This vote puts Iran on notice!”
It also comes at a time when speculation has swirled over the nature of Thune and Trump’s relationship as the president, accompanied by chatter online, have ramped up the pressure to pass the Safeguarding American Voter Eligibility (SAVE) America Act.
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Moreno made the case that the questions over their relationship, and Thune’s position as leader, was just noise, and that “there’s not a single solitary Senator running for office that says leader Thune should be replaced, not one, even non-incumbents.”
“What today showed is that President Trump has a kind of relationship with John Thune where he says, ‘Hey, let me talk to the guys,’ understand the situation,” Moreno said. “As much as Cassidy and Trump got into it, it was because they’re both passionate, they’re both smart people.”
“And now, we’ve most importantly sent the Iranians a message that President Trump has the full backing of the Congress, and that was an incredibly important day,” he continued. “That’s a huge victory for us.”
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