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Opinion: Have Democrats finally stopped wimping out?

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Opinion: Have Democrats finally stopped wimping out?

For years now, the single most common complaint I’ve heard from Democrats is that their party doesn’t fight as hard, and never dirty, like Republicans do — they don’t bring guns to a gunfight. Since 2016, I’ve heard that rap from Republicans too: Never-Trump types express surprise and exasperation that their Democratic comrades in arms against the former president don’t, well, take up arms politically.

Democratic pols will concede as much: They worry about how they might come off to the poli-sci profs, pundits and civic-minded idealists. Their good-government bent is commendable. But getting bested repeatedly by the likes of Senate Republican Leader Mitch McConnell is not.

Opinion Columnist

Jackie Calmes

Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

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”One of us is playing with a rolling pin, and the other is fighting with a gun,” an aide to Senate leaders once told me, frustrated that Democrats were adhering to Marquess of Queensberry rules as Republicans busted norms to pack the federal courts. “We always bring a butter knife to a gunfight,” longtime Democratic strategist Brian Fallon similarly groused not long ago.

Fallon felt that so strongly that Democrats were wimping out that in 2017 he co-founded a liberal activist group, Demand Justice, to give the left a more combative approach in judicial confirmation contests. He recently left the group for a job in the Biden campaign, as the communications director for Vice President Kamala Harris. That’s good: Democrats need scrappers, lots of ’em, and the ever-cautious Harris in particular needs communications firepower.

Even better signs of a more fired-up Democratic Party have emerged lately, just as Biden and Trump each secured their respective parties’ nominations Tuesday with wins in several states’ primary contests.

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One sign was Biden’s plucky State of the Union address last week, in which he took a baker’s dozen shots at “my predecessor” and parried House Republicans’ taunts like a smiling Dark Brandon come to life, shooting red lasers from his eyes. To hear Republicans carp afterward that Biden was too partisan gave new meaning to the pot calling the kettle black.

Another indication of an amped-up Democratic offense was news of a big $30-million Biden campaign ad buy, along with the president’s busy stumping schedule in battleground states and the campaign’s plans to hire hundreds of aides. The first ad was a good one, too, featuring a lively Biden poking fun at his age, noting his achievements, drawing contrasts with Trump and, appropriately, promising “to fight for you.”

And on Tuesday came some evidence that other Democrats will have Biden’s back. Those on the House Judiciary Committee came loaded for bear to the hearing that the majority Republicans held showcasing Robert Hur, a Republican and the former special counsel whose recent report on Biden’s handling of classified materials included damaging commentary about the president’s age and alleged “diminished faculties.”

The committee’s Democrats, notably California Reps. Ted Lieu, Adam B. Schiff and Eric Swalwell, appropriately focused less on Hur’s asides about mental lapses and more on his report’s conclusions that “no criminal charges are warranted” against Biden (compared to 41 felony counts against Trump). And that despite Republicans’ claims to the contrary, what Biden did with top-secret documents was in no way comparable to the far more serious allegations against Trump for conspiracy and false statements.

The committee Democrats didn’t ignore the issue of age and mental acuity; they simply turned it against Trump. Several of them came, yes, armed — with video montages of the former president’s verbal flubs, slurred words and non sequiturs at recent MAGA rallies.

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But Democrats’ more typical lack of fight explains why Hur, a former Trump Justice Department official, was tapped as special counsel — by Biden’s Atty. Gen. Merrick Garland — in the first place. Democrats, wanting to be seen as fair, keep giving Republicans a virtual monopoly on independent counsel jobs each time Washington decides it needs another high-profile investigation. Whether the person being investigated is a Democrat (Bill Clinton and Hillary Clinton) or a Republican (Donald Trump), Democrats have supported having a Republican prosecutor.

Republicans don’t reciprocate.

David Brock, now a Democratic operative but notorious in the 1990s as a ruthless, right-wing scourge of the Clintons, a few years ago confessed to me his occasional irritation with his new party for its punch-pulling, say, by rejecting a line of attack as somehow unfair.

“Now, that’s nothing that I ever experienced as a young conservative,” he told me. “There’s a different ethic.”

“Republicans just want the result, they just want to get there, they want the win,” Brock added. Democrats, on the other hand, “do a lot of hand-wringing about how to get there,” about whether they are being respectful of the “process.”

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And yet, ask most Republican voters and they’ll tell you that it’s Democrats who are the dirty fighters, cheating in elections and weaponizing the government against their foes, chiefly Trump. Because that is what Trump tells them.

That’s Republicans’ dirtiest play of all. Lying to their own voters.

This election year will likely be as mean as any in memory. Here’s hoping I’m correct that Biden and the Democrats have sheathed the butter knives and shelved the rolling pins. It’s not like Trump hasn’t given them the ammunition for a gunfight.

@jackiekcalmes

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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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