Politics
Contributor: The chief justice is to blame for the Supreme Court's free fall
At his 2005 Senate confirmation hearing to be chief justice of the United States Supreme Court, John G. Roberts Jr. famously invoked America’s national pastime in describing his view of the judicial role in our constitutional order: “Judges are like umpires. Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ball game to see the umpire.”
If only!
Unfortunately, Roberts’ actual career on the high court has been one extensive repudiation of his lofty “umpire” proclamation. In exalting above all other concerns his personal conception of the institutional integrity of the Supreme Court, and by extension the entire judiciary, Roberts has ironically done more than anyone else to delegitimize the courts. His recent wildly out-of-line criticism of President Trump’s call for impeachment of a rogue lower-court judge is just the latest example. For the court’s own sake, in these politically tense times, Roberts must change course immediately.
Roberts first showed his hand in the landmark 2012 Obamacare case, NFIB vs. Sebelius. As was initially reported by CBS News’ Jan Crawford in the immediate aftermath of the decision and subsequently reported in later years by other court-watchers such as CNN’s Joan Biskupic, Roberts initially intended to rule against the constitutionality of the healthcare law’s individual mandate — its most controversial feature.
But at some point during the court’s deliberations, Roberts changed his mind. He decided that he could throw a bone to the court’s conservative bloc by ruling against the mandate on Commerce Clause grounds, which the law’s drafters and the Obama administration alike had cited as its constitutional basis. But Roberts threw an even larger bone to the court’s liberal bloc, unilaterally opting to rewrite the statute so as to construe the mandate as a “tax” — which Obama himself had repeatedly told a skeptical public that it was not. Obama’s signature domestic achievement was thus upheld.
That is not what a judicial “umpire” calling legal “balls and strikes” looks like. Making matters worse, the timing of Roberts’ flip coincided with Obama’s spring 2012 Rose Garden speech, in which he ludicrously described the possibility that the Supreme Court could nullify his healthcare law as “unprecedented” or “extraordinary.” Did the chief justice conveniently switch his vote in a historically important case so as to mistakenly attempt to maintain the high court’s “institutional integrity” in the face of an imperious president? It certainly seems so.
In the years since the Sebelius decision, there have been any number of additional examples of Roberts ruling in a high-profile case in a way that can only be construed as a clumsy attempt to make “both sides” of the court — and both sides of the broader American public — happy. In the 2022 abortion case of Dobbs vs. Jackson Women’s Health Organization, which mercifully overturned the Roe vs. Wade decision of 1973, Roberts notably refused to join the Samuel Alito-written majority opinion, opting to write separately and merely concur in the judgment. It was a classic Roberts move: He argued the court could uphold Mississippi’s underlying 15-week abortion ban statute without overturning Roe.
Roberts’ Dobbs stunt was legally incoherent to the point of outright intellectual dishonesty, but it was politically convenient for Roberts’ idiosyncratic conception of the role of the Supreme Court chief justice — that of a jurist who should somehow attempt to “rise above the fray” and steer the ship of the court in a way that preserves the court’s public image and integrity. But once again: That is certainly not what a judicial “umpire” calling legal “balls and strikes” looks like.
Roberts’ pointed criticism this week of Trump’s call for the impeachment of Judge James Boasberg, who last weekend ruled that midair flights deporting individuals alleged to be associated with a Venezuelan gang had to be turned around, is in line with his history of prioritizing — in ham-handed and self-aggrandizing fashion — what he believes to be the judiciary’s integrity. But on this particular score, Roberts is dead wrong.
Judicial impeachment is a well-established remedy for rogue judicial behavior that goes back to the Jefferson presidency in the early 1800s. It is explicitly countenanced by Article III of the constitutional text, which states that federal judges shall sit only “during good behaviour” — which historically has been understood as coterminous with the “high Crimes and Misdemeanors” clause for presidential impeachment, not related to the substance of decisions, because appeals are considered the route for disagreeing with rulings.
Impeachment is here, there and everywhere a fundamentally political judgment: It is appropriate, Alexander Hamilton wrote in the Federalist No. 65, where there has been “abuse or violation of some public trust.” That is not a legally justiciable standard — it is the bailiwick of politicians, who must exercise prudence and discernment.
Roberts’ most recent outburst is even more absurd given the specific legal context of Boasberg’s standoff with Trump. In this instance, Boasberg ruled against the president’s ability to enforce the nation’s immigration laws. But the “plenary power doctrine” of constitutional law has long held that the judiciary has no business getting involved when the political branches wish to secure our sovereignty. As the notes to the U.S. government’s official online Constitution, available at Congress.gov, state: “[T]he Supreme Court’s jurisprudence reflects that … the Court will accord substantial deference to the government’s immigration policies, particularly those that implicate matters of national security.”
It seems Boasberg and Roberts need a remedial legal lesson or two.
Fortunately for Roberts, there is something he can do to actually help the judiciary regain credibility in the eyes of the public: He must expedite the Supreme Court’s review, and overturning, of outrageous lower-court decisions that are based less in law than they are in paroxysms of frothing Trump-hatred.
It is true, as it is often now said, that we are in the throes of a constitutional or legal crisis. It just isn’t coming from the direction those claiming as much think it is. The true crisis is coming from an unhinged lower-court judicial insurrection.
If only there were a person uniquely situated to bring these judges to heel and thereby bring the crisis to a halt, thus re-legitimizing the judiciary in earnest. If only!
Josh Hammer’s latest book is “Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West.” This article was produced in collaboration with Creators Syndicate. @josh_hammer
Politics
DNI Gabbard warns ‘Islamist ideology’ threatens Western freedom at AmFest
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Director of National Intelligence Tulsi Gabbard delivered a blunt warning about “Islamist ideology” at a high-profile conservative gathering Saturday, casting the threat as fundamentally incompatible with Western freedom.
“The threats from this Islamist ideology come in many forms,” Gabbard told an audience at Turning Point USA’s (TPUSA) annual AmericaFest conference.
RIFT IN MAGA MOVEMENT ON FULL DISPLAY AT TPUSA’S AMERICAFEST
Director of National Intelligence Tulsi Gabbard oversees the nation’s 18 intelligence agencies. (Ross D. Franklin/AP)
“As we approach Christmas, right now in Germany they are canceling Christmas markets because of this threat.”
Gabbard, who oversees the nation’s 18 intelligence agencies, said the ideology stands in direct conflict with American liberty.
“When we talk about the threat of Islamism, this political ideology, there is no such thing as individual freedom or liberty,” she said.
Gabbard’s remarks were notable given her role overseeing the nation’s intelligence community, a position that traditionally avoids overt ideological framing in public remarks, particularly at partisan political events.
TPUSA BEGAN AS A SCRAPPY CAMPUS GROUP AND GREW INTO A NATIONAL, MULTIMILLION-DOLLAR POLITICAL FORCE
AmericaFest 2025, hosted by Turning Point USA, is taking place in Phoenix, Arizona. (Jon Cherry/AP)
Turning Point USA’s AmericaFest has become a marquee gathering for conservative activists, lawmakers and influencers, where national security, immigration and cultural issues are increasingly framed as part of a broader ideological struggle.
The Office of the Director of National Intelligence did not immediately respond to a request for comment clarifying whether Gabbard’s remarks reflected official U.S. intelligence assessments or her personal views.
TPUSA founder Charlie Kirk positioned the organization as a hub for conservative youth activism, frequently hosting high-profile figures who frame political and security debates in ideological terms.
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Charlie Kirk, who founded Turning Point USA, was killed on Sept. 10 while speaking at an event at Utah Valley University. (Joe Raedle/Getty Images)
Kirk carried that influence onto college campuses nationwide, drawing large crowds for live, unscripted debates on religion, Islamism, free speech, immigration and American culture. It was at an event at Utah Valley University where he was fielding open-mic questions from thousands on Sept. 10 where he was shot and killed.
The charged nature of modern political activism has also raised alarms about political violence, with authorities increasingly warning of threats tied to large public gatherings.
European security officials have raised security alerts around holiday events in recent years following a series of Islamist-inspired attacks, including deadly incidents in Germany, France and Belgium, prompting heightened police presence or temporary cancellations at some Christmas markets.
Politics
Commentary: She went to jail for Trump’s Big Lie. He’s trying to get her sprung
DENVER — Just in time for the holidays, President Trump has issued another of his dubious pardons. Or rather, make that a “pardon.”
This one comes on behalf of a former Colorado elections official serving a nine-year sentence for election fraud.
“Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure our elections were fair and honest,” Trump said in a typically gaseous, dissembling post on social media.
“Tina is sitting in a Colorado prison for the ‘crime’ of demanding Honest Elections,” the president went on. “Today I am granting Tina a full pardon for her attempts to expose voter fraud in the rigged 2020 Presidential Election.”
Actually, Peters’ crime was conspiring to let an unauthorized person access voting equipment as part of a nutty scheme to “prove” the November 2020 balloting was bogus, then lying and covering up her illegal actions.
And she’s not likely to leave jail anytime soon.
That’s because Trump has precisely zero say over Peters’ fate, given the former Mesa County elections chief was convicted on state charges. The president’s pardon power — which Trump has twisted to a snapping point — extends only to federal cases. If we’re going to play make-believe, then perhaps Foo-Foo the Snoo can personally escort Peters from prison and crown her Queen of the Rockies.
That’s not to suggest, however, that Trump’s empty gesture was harmless. (Apologies to Foo-Foo and Dr. Seuss.)
Some extremists, ever ready to do Trump’s malevolent bidding, have taken up Peters’ cause, using the same belligerent language that foreshadowed the Jan. 6, 2021, attack on the U.S. Capitol. In fact, threats have come from some of the very same thugs whom Trump pardoned in one of the first shameless acts of his presidency.
“WE THE PEOPLE ARE COMING TO BREAK TINA PETERS OUT OF PRISON IN 45 DAYS,” Jake Lang, a rioter who was charged with attacking police with an aluminum baseball bat, said on social media. “If Tina M. Peters is not released from La Vista Prison in Colorado to Federal Authorities by January 31st, 2026; US MARSHALS & JANUARY 6ERS PATRIOTS WILL BE STORMING IN TO FREE TINA!!”’
(Capitalization and random punctuation are apparently the way to show fervency as well as prove one’s MAGA bona fides.)
Enrique Tarrio, the former head of the Proud Boys extremist group whom Trump also pardoned, shared a screenshot of the president’s social media post. “A battle,” Tarrio said, “is coming.”
Trump’s pretend pardon is not the first intervention on Peters’ behalf.
In March, the Justice Department asked a federal judge to free her from prison, saying there were “reasonable concerns” about the length of Peters’ sentence. The judge declined.
In November, the administration wrote the Colorado Department of Corrections and asked that Peters be transferred to federal custody, which would presumably allow for her release. No go.
Earlier this month, apparently looking to up the pressure, the Justice Department announced an investigation of the state’s prison system. (Perhaps Peters was denied the special “magnetic mattress” she requested at her sentencing, to help deal with sleep issues.)
Like any child, when Trump doesn’t get his way he calls people names. On Monday, he set his sights on Colorado’s Democratic governor, Jared Polis — “a weak and pathetic man” — for refusing to spring Peters from state prison.
“The criminals from Venezuela took over sections of Colorado,” Trump said, “and he was afraid to do anything, but he puts Tina in jail for nine years because she caught people cheating.”
The only true part of that statement is that Colorado does, in fact, exist.
While Trump portrays Peters as a martyr, she is nothing of the sort.
As Polis noted in response to Trump’s “pardon,” she was prosecuted by a Republican district attorney and convicted by a jury of her peers — a jury, it should be noted, that was drawn from the citizenry of Mesa County. The place is no liberal playpen. Voters in the rugged enclave on Colorado’s Western Slope backed Trump all three times he ran for president, by margins approaching 2-to-1.
If Peters’ sentence seems harsh — which it does — hear what the judge had to say.
Peters was motivated not by principle or a search for the truth but rather, he suggested, vanity and personal aggrandizement. She betrayed the public trust and eroded faith in an honestly run election to ingratiate herself with Trump and others grifting off his Big Lie.
“You are as privileged as they come and you used that privilege to obtain power, a following and fame,” Judge Matthew Barrett told Peters in a lacerating lecture. “You’re a charlatan who used and is still using your prior position in office to peddle a snake oil that’s been proven to be junk time and time again.”
Peters remains unrepentant.
In petitioning Trump for a pardon, her attorney submitted nine pages of cockamamie claims, asserting that Peters was the victim of a conspiracy involving, among others, voting-machine vendors, Colorado’s secretary of state and the Venezuelan government.
To her credit, Peters has rejected calls for violence to set her free.
“Tina categorically DENOUNCES and REJECTS any statements or OPERATIONS, public or private, involving a ‘prison break’ or use of force against La Vista or any other CDOC facility in any way,” a post on social media stated, again with the random capitalization.
Perhaps the parole board will take note of those sentiments when the 70-year-old Peters becomes eligible for conditional release in January 2029, a date that just happens to coincide with the end of Trump’s term.
Which seems fitting.
Keep Peters locked up until then, serving as an example and deterrent to others who might consider emulating her by vandalizing the truth and attacking our democracy.
Politics
FBI Director Kash Patel says bureau ramping up AI to counter domestic, global threats
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FBI Director Kash Patel said Saturday that the agency is ramping up its use of artificial intelligence (AI) tools to counter domestic and international threats.
In a post on X, Patel said the FBI has been advancing its technology, calling AI a “key component” of its strategy to respond to threats and stay “ahead of the game.”
“FBI has been working on key technology advances to keep us ahead of the game and respond to an always changing threat environment both domestically and on the world stage,” Patel wrote. “Artificial intelligence is a key component of this.”
‘PEOPLE WOULD HAVE DIED’: INSIDE THE FBI’S HALLOWEEN TAKEDOWN THAT EXPOSED A GLOBAL TERROR NETWORK
Kash Patel, director of the FBI, speaks during a news conference at the Department of Justice in Washington, D.C. ( Eric Lee/Bloomberg via Getty Images)
Patel said the bureau is developing an AI initiative aimed at supporting investigators and analysts working in the national security space.
“We’ve been working on an AI project to assist our investigators and analysts in the national security space — staying ahead of bad actors and adversaries who seek to do us harm,” he said.
Patel added that FBI leadership has established a “technology working group” led by outgoing Deputy Director Dan Bongino to ensure the agency’s tools “evolve with the mission.”
EXCLUSIVE: FBI CONCLUDES TRUMP SHOOTER THOMAS CROOKS ACTED ALONE AFTER UNPRECEDENTED GLOBAL INVESTIGATION
The bureau is ramping up its use of AI tools to counter domestic and international threats. (Brendan Smialowski/AFP )
“These are investments that will pay dividends for America’s national security for decades to come,” Patel said.
A spokesperson for the FBI told Fox News Digital it had nothing further to add beyond Patel’s X post.
The FBI currently uses AI for tools such as vehicle recognition, voice-language identification, speech-to-text analysis and video analytics, according to the agency’s website.
DAN BONGINO TO RESIGN FROM FBI DEPUTY DIRECTOR ROLE IN JANUARY
Patel credited outgoing Deputy Director Dan Bongino for his leadership with the AI initiative. (Michael M. Santiago/Getty Images)
Earlier this week, Bongino announced he would leave the bureau in January after speculation rose concerning his departure.
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“I will be leaving my position with the FBI in January,” Bongino wrote in an X post Wednesday. “I want to thank President [Donald] Trump, AG [Pam] Bondi, and Director Patel for the opportunity to serve with purpose. Most importantly, I want to thank you, my fellow Americans, for the privilege to serve you. God bless America, and all those who defend Her.”
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