Politics
Column: The Supreme Court's all-important Jan. 6 decisions will be tainted
America, we have a(nother) constitutional crisis on our hands.
Amid all the well-warranted attention to Justice Samuel A. Alito Jr., who refuses to recuse himself from Jan. 6 cases despite reasonable doubt about his impartiality, spare some also for his equally ethics-challenged colleague Clarence Thomas, who’s stiffed similar recusal demands for more than two years.
Opinion Columnist
Jackie Calmes
Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.
Within weeks, the Supreme Court will decide two cases related to the unsuccessful 2021 insurrection and to Donald Trump’s role in events. No matter how the court decides, the outcomes will be widely questioned — because of the polluting participation of Alito and Thomas, the court’s most far-right members. And that’s a problem for a court whose public approval rating is already at historical lows in polls.
We now know that both justices’ spouses — the flag-loving Martha-Ann Alito and “Stop the Steal” foot soldier Ginni Thomas — have amply demonstrated their pro-Trump bias in ways that could not, and surely did not, go unnoticed by their husbands. Consequently, Justices Alito’s and Thomas’ “impartiality might reasonably be questioned” — the standard for recusal under toothless federal law — in cases involving Trump.
The objectivity of the full court, with its 6-3 right-wing supermajority, is suspect as well. In one of the two pending cases, the one involving Trump’s claim of immunity from criminal prosecution, the court has dragged matters out so long that he almost certainly won’t be tried before the 2024 election for trying to overturn Joe Biden’s 2020 victory.
That makes the court complicit — in appearance and probably in fact — in Trump’s unsubtle legal strategy: delay, delay, delay. How much of that foot dragging owes to Alito and Thomas? We can’t know, because of the court’s secretive inner workings. But we can reasonably question.
Chief Justice John G. Roberts Jr. is doing his part to maintain the court’s opacity. On Thursday he wrote to Sens. Richard J. Durbin of Illinois and Sheldon Whitehouse of Rhode Island, the chairmen of the Senate Judiciary Committee and its subcommittee on federal courts, respectively, rejecting their request to meet about court ethics. Roberts cited judicial independence and the separation of powers.
The chief can’t claim the high ground when his colleagues keep digging from below.
First, consider Alito, the scofflaw of the moment. The New York Times has reported that separate flags associated with groups that attacked the Capitol flew over his home outside Washington and at a beach getaway in New Jersey. Alito blames his wife, leaving more bus tracks on her back each time he addresses the matter, and absolves himself.
“No involvement whatsoever,” he said in a brief email to the New York Times, for its first story on the upside-down U.S. flag that waved at his house for days in January 2021, after the attack on the Capitol. Alito gave no response to the newspaper for its second story about a flag favored by pro-Trump Christian nationalists that fluttered at his beach house last summer. Yet he gave friendly Fox News an interview, and claimed his wife was provoked by a venomous spat with an anti-Trump couple on their block — an account that couple contradicted in a third New York Times story that was partly corroborated by neighbors, contemporaneous texts and a police report.
When Alito wrote to Durbin and Whitehouse, rejecting their request that he recuse from 2020 election cases, he said he’d asked his wife for several days to remove the inverted flag, but she refused. He emphasized his wife’s autonomy, her co-ownership of their house and her constitutional rights — and his own impotence: “There were no additional steps I could have taken to have the flag taken down more promptly.” Are justices so used to being catered to that Alito couldn’t take it down himself?
Now a brief refresher on Ginni Thomas’ shenanigans, which similarly elicited professions of cluelessness, powerlessness and respect for her independence from her hubby.
For weeks after Biden’s election, Ginni Thomas texted White House Chief of Staff Mark Meadows, forwarding conspiracy theories and imploring him to keep up the fight for Trump: “Do not concede. It takes time for the army who is gathering for his back.” She contacted Arizona Republicans to promote the fake electors scheme. On Jan. 6 she wrote on Facebook, “LOVE MAGA people!!!!” She joined in damning the House Jan. 6 committee as a “political persecution” of “citizens who have done nothing wrong.” And she condemned then-Vice President Mike Pence for certifying Biden’s election.
What did Clarence Thomas do? He repeatedly participated in Jan. 6-related cases and invariably sided with the pro-Trump parties.
Together the Thomas and Alito scandals underscore the revolting sense of impunity at the court among its life-tenured justices. Most public figures, those answerable to the voters, show some humility and remorse in the face of evident wrongdoing or embarrassment (at least they used to). Not these justices.
Part and parcel of their impunity is a petulant refusal to be accountable for their partners’ actions, when those activities cast the justices’ own fairness into doubt. Journalists can throw this stone: Reporters enter their careers accepting that they can’t sport political bumper stickers, lapel buttons, yard signs or flags, and they certainly can’t work for political causes. It’s not ethical. If a spouse works in politics, the reporter avoids covering stories their partner is involved in. I still live by the limits though I became an opinion columnist several years ago. In the decades I reported on Congress, the White House and campaigns, those in my household respected them as well.
It’s not too much to expect that justices demand their spouses do the same.
Alito and Thomas disagree. And so they, with Roberts, bring disgrace on the court. When the court soon rules on the Jan. 6 cases, its decisions will be historic not only for the substance but for the fact that two such conflicted justices took part. Shame on them.
@jackiekcalmes
Politics
Federal judge blocks Trump from cutting childcare funds to Democratic states over fraud concerns
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A federal judge Friday temporarily blocked the Trump administration from stopping subsidies on childcare programs in five states, including Minnesota, amid allegations of fraud.
U.S. District Judge Arun Subramanian, a Biden appointee, didn’t rule on the legality of the funding freeze, but said the states had met the legal threshold to maintain the “status quo” on funding for at least two weeks while arguments continue.
On Tuesday, the U.S. Department of Health and Human Services (HHS) said it would withhold funds for programs in five Democratic states over fraud concerns.
The programs include the Child Care and Development Fund, the Temporary Assistance for Needy Families program, and the Social Services Block Grant, all of which help needy families.
USDA IMMEDIATELY SUSPENDS ALL FEDERAL FUNDING TO MINNESOTA AMID FRAUD INVESTIGATION
On Tuesday, the U.S. Department of Health and Human Services said it would withhold funds for programs in five Democratic states over fraud concerns. (AP Photo/Jose Luis Magana, File)
“Families who rely on childcare and family assistance programs deserve confidence that these resources are used lawfully and for their intended purpose,” HHS Deputy Secretary Jim O’Neill said in a statement on Tuesday.
The states, which include California, Colorado, Illinois, Minnesota and New York, argued in court filings that the federal government didn’t have the legal right to end the funds and that the new policy is creating “operational chaos” in the states.
U.S. District Judge Arun Subramanian at his nomination hearing in 2022. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
In total, the states said they receive more than $10 billion in federal funding for the programs.
HHS said it had “reason to believe” that the programs were offering funds to people in the country illegally.
‘TIP OF THE ICEBERG’: SENATE REPUBLICANS PRESS GOV WALZ OVER MINNESOTA FRAUD SCANDAL
The table above shows the five states and their social safety net funding for various programs which are being withheld by the Trump administration over allegations of fraud. (AP Digital Embed)
New York Attorney General Letitia James, who is leading the lawsuit, called the ruling a “critical victory for families whose lives have been upended by this administration’s cruelty.”
New York Attorney General Letitia James, who is leading the lawsuit, called the ruling a “critical victory for families whose lives have been upended by this administration’s cruelty.” (Win McNamee/Getty Images)
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Fox News Digital has reached out to HHS for comment.
Politics
Washington National Opera is leaving the Kennedy Center in wake of Trump upset
In what might be the most decisive critique yet of President Trump’s remake of the Kennedy Center, the Washington National Opera’s board approved a resolution on Friday to leave the venue it has occupied since 1971.
“Today, the Washington National Opera announced its decision to seek an amicable early termination of its affiliation agreement with the Kennedy Center and resume operations as a fully independent nonprofit entity,” the company said in a statement to the Associated Press.
Roma Daravi, Kennedy Center’s vice president of public relations, described the relationship with Washington National Opera as “financially challenging.”
“After careful consideration, we have made the difficult decision to part ways with the WNO due to a financially challenging relationship,” Daravi said in a statement. “We believe this represents the best path forward for both organizations and enables us to make responsible choices that support the financial stability and long-term future of the Trump Kennedy Center.”
Kennedy Center President Ambassador Richard Grenell tweeted that the call was made by the Kennedy Center, writing that its leadership had “approached the Opera leadership last year with this idea and they began to be open to it.”
“Having an exclusive relationship has been extremely expensive and limiting in choice and variety,” Grenell wrote. “We have spent millions of dollars to support the Washington Opera’s exclusivity and yet they were still millions of dollars in the hole – and getting worse.”
WNO’s decision to vacate the Kennedy Center’s 2,364-seat Opera House comes amid a wave of artist cancellations that came after the venue’s board voted to rename the center the Donald J. Trump and the John F. Kennedy Memorial Center for the Performing Arts. New signage featuring Trump’s name went up on the building’s exterior just days after the vote while debate raged over whether an official name change could be made without congressional approval.
That same day, Rep. Joyce Beatty (D-Ohio) — an ex officio member of the board — wrote on social media that the vote was not unanimous and that she and others who might have voiced their dissent were muted on the call.
Grenell countered that ex officio members don’t get a vote.
Cancellations soon began to mount — as did Kennedy Center‘s rebukes against the artists who chose not to appear. Jazz drummer Chuck Redd pulled out of his annual Christmas Eve concert; jazz supergroup the Cookers nixed New Year’s Eve shows; New York-based Doug Varone and Dancers dropped out of April performances; and Grammy Award-winning banjo player Béla Fleck wrote on social media that he would no longer play at the venue in February.
WNO’s departure, however, represents a new level of artist defection. The company’s name is synonymous with the Kennedy Center and it has served as an artistic center of gravity for the complex since the building first opened.
Politics
AOC accuses Vance of believing ‘American people should be assassinated in the street’
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Democratic Rep. Alexandria Ocasio-Cortez is leveling a stunning accusation at Vice President JD Vance amid the national furor over this week’s fatal shooting in Minnesota involving an ICE agent.
“I understand that Vice President Vance believes that shooting a young mother of three in the face three times is an acceptable America that he wants to live in, and I do not,” the four-term federal lawmaker from New York and progressive champion argued as she answered questions on Friday on Capitol Hill from Fox News and other news organizations.
Ocasio-Cortez spoke in the wake of Wednesday’s shooting death of 37-year-old Renee Nicole Good after she confronted ICE agents from inside her car in Minneapolis.
RENEE NICOLE GOOD PART OF ‘ICE WATCH’ GROUP, DHS SOURCES SAY
Members of law enforcement work the scene following a suspected shooting by an ICE agent during federal operations on January 7, 2026, in Minneapolis, Minnesota. (Stephen Maturen/Getty Images)
Video of the incident instantly went viral, and while Democrats have heavily criticized the shooting, the Trump administration is vocally defending the actions of the ICE agent.
HEAD HERE FOR LIVE FOX NEWS UPDATES ON THE ICE SHOOTING IN MINNESOTA
Vance, at a White House briefing on Thursday, charged that “this was an attack on federal law enforcement. This was an attack on law and order.”
“That woman was there to interfere with a legitimate law enforcement operation,” the vice president added. “The president stands with ICE, I stand with ICE, we stand with all of our law enforcement officers.”
And Vance claimed Good was “brainwashed” and suggested she was connected to a “broader, left-wing network.”
Federal sources told Fox News on Friday that Good, who was a mother of three, worked as a Minneapolis-based immigration activist serving as a member of “ICE Watch.”
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Ocasio-Cortez, in responding to Vance’s comments, said, “That is a fundamental difference between Vice President Vance and I. I do not believe that the American people should be assassinated in the street.”
But a spokesperson for the vice president, responding to Ocasio-Cortez’s accusation, told Fox News Digital, “On National Law Enforcement Appreciation Day, AOC made it clear she thinks that radical leftists should be able to mow down ICE officials in broad daylight. She should be ashamed of herself. The Vice President stands with ICE and the brave men and women of law enforcement, and so do the American people.”
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