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Groundhog Day and Friday the 13th

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Groundhog Day and Friday the 13th

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Congress is a very superstitious place. Only on Capitol Hill would temporal markers like Groundhog Day and Friday the 13th hold legislative resonance.

The partial government shutdown will continue until at least Tuesday. This impacts 78% of the federal government after Democrats scuttled a multi-bill spending plan last week over concerns about ICE.

The charge now for the House of Representatives is to align with a revised Senate-passed plan from Friday. This bill would fund the Pentagon, HUD, transportation programs and a host of agencies through September 30. But it would only operate DHS temporarily as Democrats demand reforms to ICE.

Many House Democrats balked at the plan supported by many Senate Democrats on Friday. That contributed to uncertainty about whether the House can reopen the government this week. First, House Democrats argued they weren’t a party to the deal cut by many Senate Democrats to partly fund the government and only apply a Band-Aid to DHS funding.

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DEMOCRAT WHO BROKE WITH PARTY SAYS HIS DHS FUNDING VOTE A ‘MISTAKE’ AFTER 2ND MINNEAPOLIS ICE SHOOTING

The partial government shutdown will continue until at least Tuesday. (Kevin Dietsch/Getty Images)

House Democrats seethed — not so privately – last March when Senate Minority Leader Chuck Schumer (D-NY) and other Democrats agreed to help Republicans avoid a shutdown. So last Thursday, I asked House Minority Leader Hakeem Jeffries (D-NY) if he and Schumer were in sync this time.

“First of all, that question is, so March of 2025,” Jeffries chided.

He then ran through a litany of examples of House and Senate Democrats aligning, ranging from health care to the fall government shutdown. Jeffries then answered the question.

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“Yes. Short answer. We are on the same page,” said Jeffries.

And then added a caveat — which is so February 2026.

“Now with respect to what emerges from the Senate, as is always the case, we will evaluate whatever bill comes over to us on its merits,” said Jeffries.

Some Democrats were fine with the funding deal. Moderate Democrats didn’t want to continue the government shutdown. It’s bad politics back home. Others embraced earmarks they secured in the funding package. Yet progressives argued they couldn’t support any funding bill until they saw concrete plans to reform ICE. That’s to say nothing of some on the left wanting to defund ICE.

“I will be voting no on this funding package. I refuse to send another cent to (White House Adviser) Stephen Miller or (Homeland Security Secretary) Kristi Noem,” said Rep. Jim McGovern (D-MA), the top Democrat on the House Rules Committee.

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But Rep. Rosa DeLauro (D-CT), the ranking Democrat on the House Appropriations Committee, planned to vote yes. The bill funds most of the government for the rest of the fiscal year. And it buys time to get a deal on ICE.

“If we do not do that, we will not be able to bring the kinds of pressure that is necessary to make sure that ICE does not continue to terrorize our communities,” said DeLauro.

So there may be the votes to pass the bill. But the real problem may be on a test vote, known as the rule.

The House must approve the rule first to determine how it will handle a bill on the floor. If the House adopts the rule, it can debate and vote on the bill. If the vote on the rule fails, the gig is up.

Some Republicans may oppose the rule. And Democrats made clear they would not assist on the procedural measure which is customarily carried by the majority party.

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“Republicans have a responsibility to move the rule,” said Jeffries. “If they have some massive mandate, then go pass your rule.”

House Republicans feel the pressure.

HOUSE FREEDOM CAUCUS DRAWS LINE ON DHS, ICE FUNDING AS MINNEAPOLIS UNREST FUELS SHUTDOWN RISK

House Democrats seethed last March when Senate Minority Leader Chuck Schumer and other Democrats agreed to help Republicans avoid a shutdown. (Photo by Kevin Dietsch/Getty Images)

“We always work until the midnight hour to get the votes. You never start the process with everyone on board,” said House Majority Leader Steve Scalise (R-LA).

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It’s about the math.

The Republican majority shrank Monday after the House swore-in Rep. Christian Menefee (D-TX). He won a special election in Texas over the weekend. The GOP majority now holds a 218-214 advantage. In other words, Republican can lose one vote and still pass a bill on their own if every Member casts a ballot.

“Does his election make your job a little tougher tomorrow?” I asked House Speaker Mike Johnson (R-LA) as he met with Menefee for the ceremonial swearing-in.

“We have a one vote margin now. So what could go wrong? That’s fine. We’re happy for him. And, I hope the first vote is not to shut the government down. That’s not a good way to start,” said Johnson.

“Are you going to make the job a little harder on the Republican side tomorrow?” I queried Menefee.

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“I just got elected on Saturday and just jumped off the plane to get here. So my first job is to figure out what the bathroom is,” said Menefee.

I followed up.

“Does that mean a no vote tomorrow?”

“It means I’ve got to consider the issues very thoughtfully and cast a vote that matches my values,” deflected Menefee.

“Good answer!” exclaimed an ecstatic Johnson.

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So everything hinges on the rule vote. If the House crosses that procedural hurdle, it can probably pass the bill and end the shutdown. If not, there’s trouble.

President Donald Trump posted on Truth Social that he hoped there was a bipartisan solution to what he termed a “long, pointless and destructive shutdown.”

Perhaps it’s only appropriate that everyone was talking about ending a government shutdown on Groundhog Day. Especially after the record-breaking 43-day shutdown last autumn.

By the way, Punxsutawney Phil saw his shadow. He forecast six more weeks of winter. After all of these funding fights, when is someone going to ask Phil for his prognostication about the shutdown?

But forget Groundhog Day. What everyone should really focus on is Friday the 13th. As in a week from Friday. If the House aligns with the Senate and ends the partial government shutdown, lawmakers only have until 11:59:59 pm et on Friday the 13th to fund DHS. Otherwise, DHS remains broke. Again. That means FEMA has issues. TSA agents aren’t getting paid. You name it.

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SENATE DEMOCRATS THREATEN SHUTDOWN BY BLOCKING DHS FUNDING AFTER MINNESOTA ICE SHOOTING

President Donald Trump said that he hoped there was a bipartisan solution to what he termed a “long, pointless and destructive shutdown.” (Jose Luis Magana/AP Photo)

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It’s hard to address issues with ICE in such a tight timeframe.

“Republicans need to take a good look at what’s happening around the country and realize too that it’s time to rein in ICE’s abuses,” said Schumer.

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Some Republicans agree.

“We should have been focusing on criminals and gang members and people with active deportation orders. I don’t think we should have been focusing on people that have been here for a long time, grandmothers, et cetera, that happen to be in a neighborhood when you’re doing an enforcement action,” said Rep. Carlos Gimenez (R-FL) on Fox Business. “I think that that was a mistake and I think it’s coming back to haunt us right now.”

So there’s bipartisan agreement on addressing ICE. But those reforms must make it through both the House and Senate by Friday the 13th.

Only Congress could create a nightmare like this.

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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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

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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

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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)

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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.

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

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.

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“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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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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.

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“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! 

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“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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