Politics
How a Judge Will Weigh Immunity in Trump’s Jan. 6 Case
In the next few months, Judge Tanya S. Chutkan will face what she herself recently called “a uniquely challenging” task. She will go line by line through the evidence the special counsel, Jack Smith, wants to present to a jury in support of his federal indictment charging former President Donald J. Trump on four criminal charges related to his plotting to overturn the 2020 election.
Her job is to determine which of myriad specific allegations about Mr. Trump’s actions can survive the Supreme Court’s recent ruling granting presidents a broad form of immunity from criminal prosecution for most of their official actions. Here is a look at the types of decisions Judge Chutkan will have to make, many times over.
If Mr. Trump undertook a specific action in his private capacity as a candidate for office, rather than in his role as the president, that act is deemed unofficial, according to the Supreme Court ruling. Such acts are not subject to immunity, so evidence about them can be cited in court to support the charges that Mr. Trump illegally tried to overturn the election, or even introduced as context to help a jury understand the case.
By contrast, if the action fell within what the Supreme Court referred to as the outer perimeter of presidential duties, it counts as official. In that case, it is entitled to, at a minimum, presumptive immunity, and the court must perform some additional analysis to decide whether it is off limits for any trial.
On matters like Mr. Trump’s attempts to strong-arm state officials into changing election results and his public lies that the election was stolen, prosecutors and defense attorneys are likely to disagree sharply about whether Mr. Trump was acting as a candidate who was seeking a new term in office, or as a president who was constitutionally charged with overseeing the enforcement of federal election laws.
Under the Supreme Court’s new doctrine, “official” actions by Mr. Trump would fall into one of two categories. Some official acts are core to the president’s exercise of executive power, in which case they are absolutely immune and no information about them can be used in his prosecution. Other official acts are more peripheral, in which case prosecutors might still be able to use information about them in court, depending on the circumstances.
The Supreme Court has already declared that Mr. Trump’s interactions with Justice Department officials count as core executive actions because the Constitution charges the president with overseeing federal law enforcement. Mr. Smith has removed discussion of his purported actions that fall into that category from the indictment.
A president’s peripheral official acts, the Supreme Court has said, are presumptively immune, too. But depending on the circumstances, exceptions can be made that would allow the information to still be part of a prosecution of that president.
The test is whether prosecuting a former president for such an action would pose a danger of intruding on the authority and functions of the executive branch, and therefore chilling future presidents from robustly carrying out their responsibilities. If not, then the act is not immune and evidence about it can be used in court.
The Supreme Court has said that Mr. Trump’s pressuring of then-Vice President Mike Pence, in his capacity as Senate president, to block the congressional certification of Joseph R. Biden Jr.’s Electoral College victory was an official act but that it might fall into the exception, since the Constitution assigns no role to the president or executive branch in such proceedings.
Judge Chutkan won’t make any decisions on immunity until at least the end of October, when the defense and prosecution have finished submitting their own written assessments of the case. At that point, she could ask the two sides to flesh out their arguments further at a hearing in Federal District Court in Washington. Any determinations she makes on the question of immunity will almost certainly be appealed, likely eventually to the Supreme Court, which will have the final say of which parts of Mr. Trump’s indictment will have to be thrown out and which can survive and go to trial.
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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