Politics
Opinion: A Republican senator got the border deal the GOP said it wanted. Watch while his party betrays him
How did we get to this place where so many legislators don’t legislate, where lawmakers won’t make law? Why come to Washington if not to govern?
I witnessed the obstructionist evolution among Republicans in Congress in the post-Reagan years. Successful legislating requires compromise, and the more right-wing that Republicans — and their voters — have become, the less compromising they are.
Donald Trump only intensified the dynamic. As president, he talked a big game about bipartisan deals with Congress on gun limits, infrastructure, healthcare and immigration, and delivered on none, leaving the White House with enough grist for a new book: “The Art of No Deals.” As Time magazine reported early in his term about Trump’s negotiating style, “Time and again, the President has proven himself an unreliable partner.”
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Jackie Calmes
Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.
Alas, even out of office, Trump continues to work his black arts against deal-making, exploiting spineless Republicans’ fear of him and his supporters.
Trump’s immediate thumbs-down Monday on a bipartisan Senate border-security compromise (“horrendous,” he pronounced) was the apparent coup de grace for the first significant immigration bill in years. Trump’s toadies in the House preemptively declared the bill DOA. It may not get there; sycophantic senators are putting even Senate passage in doubt.
Forget those Republicans for now, however. Instead, let’s acknowledge a Republican profile in courage: Sen. James Lankford.
The formerly obscure Oklahoman has braved not-so-friendly fire from the right for months while he negotiated the immigration compromise with Democratic Sen. Christopher S. Murphy of Connecticut, independent Sen. Kyrsten Sinema of Arizona and advisors to President Biden, who blessed the final product. Now, with Republicans’ attacks redoubled, Lankford is standing his (high) ground — and standing up to Trump. (It helps, to be sure, that Lankford was elected to a second term in 2022 and doesn’t face his voters again until 2028.)
Lankford is a rarity in Congress, a Republican willing to work with Democrats to actually try to solve problems that Americans want solved, rather than endlessly campaign on them. The few such Republicans — Sen. Todd Young of Indiana is another — must get credit when it’s due. They certainly aren’t getting it from their party: The Oklahoma party censured Lankford for his efforts last month, before rescinding its action.
Constructive Republicans were the rule in Congress when I began covering the place, That was mostly before the advent of social media, right-wing cable and grievance-infused populism. Now, too many members of Congress count clicks and cable hits, not hard-won laws, as measures of success.
Senate Republicans “used to be divided between conservatives and moderates. Now it’s divided between invertebrates and vertebrates,” said Luke Albee, a longtime senior Senate aide who worked for two Democratic senators always looking for principled conservatives willing to cut deals. “Senators like Lankford … are in the vertebrate camp, though they are clearly on the endangered species list.”
Few Congress-watchers expected this leadership from Lankford, least of all on immigration, easily one of the nation’s most divisive issues, and one that Republicans hope will be Biden’s and other Democrats’ undoing in November.
Lankford, a lanky 55-year-old whose drink of choice is iced skim milk, has a bass voice befitting the Southern Baptist preacher he used to be, but otherwise projects a boyishness that calls to mind the ginger-haired Opie from early TV’s fictional Mayberry. He’s no RINO. Lankford checks all the boxes on Republicans’ litmus test: pro guns and fossil fuels, anti taxes, abortion and gay rights. On Jan. 6, 2021, he was among the 2020 election objectors before the rioting, but he ultimately voted to certify Biden’s election.
Lately, Lankford has been ubiquitous in the media, unflappably pushing back against what he calls Republican “falsehoods,” like the claim that the border compromise would permit 5,000 migrants into the country daily. He describes the provisions on asylum, detention, deportation, border-security funding and presidential authority to close borders as a once-unthinkable win for conservatives. The bill omits, just as Republicans prefer, Democrats’ past priorities: permanent legal status for DACA beneficiaries and a path to citizenship for longtime, law-abiding unauthorized immigrants.
But Lankford’s Republican colleagues are focused on politics, not policy, and he knows it. He characterized the thinking of many of them on CNN: “We’re in a presidential year, so let’s not help Biden in the process.”
His foes include the Senate’s usual knee-jerk naysayers, including Sen. Mike Lee of Utah. Lee personifies the modern Republican Party’s disdain for bipartisan legislating: He arrived in Congress in 2011 as a tea party insurgent who had unseated a widely respected Republican. The incumbent’s sin? Compromising with Democrats on the hot issue of that time, healthcare.
Lee’s upset victory shook party incumbents and presaged the replacement of pragmatic Republicans with the uncompromising kind. Like Sens. Ted Cruz of Texas, Roger Marshall of Kansas, Marsha Blackburn of Tennessee, J.D. Vance of Ohio. Now that ilk defines the party in Congress.
Which is why so many Republicans lie about a border-security bill that they initially demanded and why on Wednesday they’ll likely deprive the deal of the 60 Senate votes needed to proceed, taking the attached aid for Ukraine and Israel down with it.
If that’s not the death of governing, it’s something close. If only we could have more Lankfords, and fewer Lees.
Politics
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
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
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)
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.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — 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.
“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.
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.
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.
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.
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.
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.
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.
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.
Politics
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.
“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!
“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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