Politics
New York appeals court judges in Trump case routinely donated to Democrats, records show
The New York state court that will decide former President Trump’s appeal includes justices who have a history of donating to Democrat campaigns and were elected to lower court judgeships as Democrat candidates before their appointments to the appellate court.
State campaign records show that some of the justices, when they served as judges in the lower courts, donated to Democrat candidates and campaign committees, an apparent violation of the New York State Advisory Committee on Judicial Ethics rules that prohibit partisan political activities of sitting judges.
The list of candidates from the justices’ history of political donations includes a wide variety of New York elected officials, from state legislature candidates to former Secretary of State Hillary Clinton.
50 REASONS WHY $70 MILLION-PLUS IN SMALL DONATIONS POURED IN AFTER TRUMP VERDICT
A review of federal and state election contribution records reveals that at least 14 of the 21 justices gave individual donations to Democrat campaigns and committees before their appointment to the court. Fox News could find no evidence of any donations by the justices to the New York state Republican, Conservative or Liberal parties or their candidates.
Marsha Michael, Ellen Gesmer, Jeffrey Oing and Leticia James
The justices serve on the New York State Appellate Court, First Judicial Department, and will eventually hear the anticipated appeal from the former president’s lawyers of his conviction last Thursday on 34 felony counts of falsifying business records.
All but one of the court’s 21 justices were appointed by a New York Democrat governor, either David Patterson, Andrew Cuomo or Kathy Hochul. The sole justice put on the bench by a Republican, New York Gov. George Pataki, is Associate Justice David Friedman, who is the longest-serving justice since his appointment 25 years ago.
Before his elevation to the court, Friedman was the Democrat, Republican and Conservative party candidate for Supreme Court justice in his judgeship election in 2011. In an appellate court’s ruling during Trump’s real estate fraud trial last year, Friedman sided with the former president.
One justice who did not side with Trump is the newest member of the appellate panel, Associate Justice Marsha D. Michael. She was appointed by Hochul last October.
On April 19, three days before opening arguments were scheduled to begin in Trump’s recently completed criminal trial in front of State Supreme Court Judge Juan Merchan, Michael rejected a last-minute bid by Trump’s lawyers to stop the proceedings. Her ruling gave the green light for the trial that eventually convicted Trump to proceed.
In 2014, Michael ran in the Democrat primary for the New York State Assembly in the 79th District in the Bronx. She was endorsed in that race by then-New York City Public Advocate Leticia James, who went on to be elected New York attorney general four years later. Last year, James prosecuted Trump and won her successful $454 million real estate fraud case.
Back when Michael was stumping for the state legislature, James appeared with her on the campaign trail.
On July 11, 2014, Michael answered questions about her candidacy from the nonpartisan good government group Citizens Union.
She was asked if she supported a “merit-based appointment system through creation of a commission for the selection of judges in all of New York’s trial courts.”
The justice did not support the idea that all judges should be chosen on the merits, writing, “I don’t think all courts should solely be merit-based.”
Michael lost the Democrat primary race despite having the backing of the Bronx Democrat organization. She remained on the ballot in the general election as the candidate of the Working Families Party. The WFP is known today for supporting members of the so-called “Squad” in Congress, backing Reps. Rashida Tlaib, Ilhan Omar, Cori Bush and Alexandria Ocasio-Cortez, among others.
Four years after her defeat, Michael ran again as a Democrat candidate for a New York State Supreme Court seat and won in 2018. It was from that position that she was elevated to the Appellate Division eight months ago.
Appellate Court Justice Ellen Gesmer was first elected as a judge in the New York State Civil Court in 2004. In 2011, she won a Supreme Court judgeship as both the Democrat and Republican candidate. Before Gesmer was elected to the bench, records show that she had donated thousands of dollars to Democrats.
Former President Trump arrives at Trump Tower in New York City on May 30, 2024, after being found guilty on 34 counts of falsifying business records in the first degree. (Felipe Ramales for Fox News Digital)
Federal Election Commission records show that Gesmer contributed to the campaigns of Hillary Clinton, Sen. Majority Leader Chuck Schumer, D-N.Y., former Vermont Gov. Howard Dean, and various Democratic Party committees when she was a lawyer in private practice.
In 1998, she donated a total of $2,000 to Schumer’s election bid, a total of $1,725 to Hillary Clinton’s 2000 New York state Senate race, $1,700 to the New York State Democratic Committee and the Democratic National Committee, and in 2003, she chipped in $250 to support Dean’s presidential campaign.
Appellate Justice Jeffrey K. Oing gave $900 to the New York State Democratic Committee in three payments in 2003, according to FEC records, one year before he was elected to the New York City Civil Court.
The records from the New York State Board of Elections, which detail contributions to state-level races, reveal the extent of political donations made by judges during their election campaigns.
The range of donations includes contributions to Democrat New York state Senate and Assembly candidates, party committees and local Democrat clubhouses, even as some of the judges served on the bench.
The state’s judicial ethics rules state: “Neither a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity” that does not directly involve their own candidacy. The rules prohibit judges from “engaging in any partisan political activity” or “participating in any political campaign.”
REP JORDAN URGES CONGRESS TO ‘DEFUND LAWFARE ACTIVITIES’ OF TRUMP PROSECUTORS
Trump has accused Merchan of being “conflicted” because he donated $15 to President Biden’s 2016 election campaign and $10 to a group called Stop Republicans. In addition, Merchan’s daughter works for a political campaign consulting firm whose clients include many prominent Democrats, including Biden’s campaign.
The New York State Commission on Judicial Conduct found that Merchan had no conflict of interest but did reportedly give him a warning over his contributions.
In the murky political landscape that can be New York politics, several of the appellate judges were even endorsed by competing political parties in their contests for a seat on the lower courts.
Appellate Justice Troy Webber first won her race for Supreme Court justice in 2002 as both the Democrat and Republican candidate. In 2016, she was on the ballot as the Democrat candidate, according to New York state election records. Justice Barbara Kapnick won in 2001 as the Democrat, Republican and Liberal party candidate. By 2015, she carried the banner for just the Democrats.
Former President Trump headlines a Republican National Committee spring donor retreat in Palm Beach, Florida, on May 4, 2024. (Donald Trump 2024 campaign)
Despite some of the justices’ past Democrat support, Trump has scored some wins before the appellate court in his recent appeals.
Last year, a panel of five of the justices reduced the amount of the bond that was imposed by Judge Arthur Engoron in Trump’s real estate civil fraud trial from $454 million to $175 million.
Friedman temporarily blocked Engoron’s gag order on Trump, and Justice Anil Singh granted a stay that temporarily lifted Engoron’s ruling that barred Trump and his sons, Donald Jr. and Eric, from doing business in New York.
Court observers note that there is no evidence that the personal political views of the jurists have influenced their rulings, but critics contend that the appearance of a possible conflict of interest is troubling.
Fox News asked the appellate court for comment but no one has responded.
Fox News’ Courtney De George contributed to this report.
Politics
Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests
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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.
The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.
The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.
The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.
PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS
The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)
Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.
But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.
“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.
Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.
The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.
Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)
Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.
The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.
“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.
The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”
ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES
Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)
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Raoul and his staff are reviewing the DOJ’s complaint.
“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”
The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.
The Associated Press contributed to this report.
Politics
Supreme Court rules against Trump, bars National Guard deployment in Chicago
WASHINGTON — The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.
Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.
The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.
In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.
The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”
That phrase turned out to be crucial.
Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.
“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.
That standard will rarely be met, the court added.
“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.
Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.
Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.
Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.
Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”
California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.
“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”
The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.
But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.
Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”
The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.
Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.
By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.
Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.
“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.
Illinois state lawyers disputed the administration’s account.
“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.
The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”
But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”
Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.
A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.
His brief prompted the court to ask both sides to explain their view of the disputed provision.
Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.
If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.
State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.
Politics
Video: Trump Announces Construction of New Warships
new video loaded: Trump Announces Construction of New Warships
transcript
transcript
Trump Announces Construction of New Warships
President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.
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We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.
By Nailah Morgan
December 23, 2025
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