FIRST ON FOX: Sen. Ted Cruz, R-Texas, is urging the Biden administration to halt a $1.25 billion “Digital Equity” program, calling it unconstitutional for using race-based criteria to expand broadband access.

“I urge you to withdraw the unlawful [Notice of Funding Opportunity] NOFO and halt issuing Program grants before you cause real harm,” Cruz wrote to Alan Davidson, the assistant secretary of the National Telecommunications and Information Administration (NTIA) Thursday morning. “NTIA’s use of racial classifications, as set forth in the NOFO, does not serve a compelling governmental interest.”

The letter comes as Republicans push back against diversity, equity and inclusion initiatives as they gear up for the incoming Trump administration. Under the soon-to-be Department of Government Efficiency (DOGE), headed by Elon Musk and Vivek Ramaswamy, such programs like the Digital Equity Competitive Grant Program could be examined as government waste.

“Any source of government waste is in scope for DOGE,” a Ramaswamy spokesperson told Fox News Digital. 

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The letter criticizes NTIA’s guidance for the Digital Equity Competitive Grant Program, as Cruz claims it violates the Fifth Amendment’s Due Process Clause, lacking evidence of racial discrimination in internet access and failing to provide clear metrics for its race-based criteria.

The program was a key initiative under the Digital Equity Act, which was authorized by President Biden’s Infrastructure Investment and Jobs Act of 2021. It is the third of three digital equity programs established by the act.

Cruz asserts that the program requires grant applicants to prioritize “Covered Populations,” a category that explicitly includes racial and ethnic minorities in the program. He argued the approach includes impermissible racial discrimination, arguing that the federal government cannot use racial classifications without demonstrating a compelling interest and “narrowly tailored” measures. 

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President-elect Donald Trump announced Elon Musk, left, and Vivek Ramaswamy, right, would be leading the Department of Government Efficiency on Tuesday, Nov. 12, 2024. (Getty Images)

“The NOFO provides no evidence racial minorities face discrimination in accessing the internet, let alone specific instances of discrimination that NTIA is seeking to address,” Cruz wrote. “And it does not attempt to make any claim that this discrimination is necessary to avoid a prison race riot.”

Cruz added that “the NOFO does not define ‘minority,’ making it impossible to determine whether it is underinclusive, but in any event, it is overinclusive because it includes anyone who falls into some racial group, without any determination that that specific group has faced discrimination in access to broadband.”

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Congress is racing to be ready to execute the recommendations of President-elect Donald Trump’s new DOGE commission. (Getty Images)

Cruz, the ranking member of the Senate Commerce, Science & Transportation Committee, urged the NTIA to respond by Dec. 12, either by confirming the withdrawal of the guidance or by providing a detailed explanation of how it complies with constitutional requirements.

Fox News Digital has reached out to the NTIA for comment. 

Sen. Tammy Baldwin, D-Wis., successfully won re-election in Wisconsin all while President-elect Donald Trump simultaneously flipped the state back to red in the presidential election. 

As to how she did it, the Democrat attributes much of her win to her “72-county strategy.” Baldwin made sure during her campaign to traverse the entire state, venturing far from the two large blue enclaves of Milwaukee and Dane counties. 

“I think showing up matters, listening matters,” she said in an interview with Fox News Digital. “And so I go, and I really listen and get to know the challenges and aspirations of people all over the state, rural areas, suburban areas, urban areas.”

Baldwin won by a few tens of thousands of votes in the state, clinching victory by roughly the same margin as Trump. 

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According to her campaign, she did more than 250 events in Wisconsin in 2024 alone. She also hosted several targeted tours during her campaign, including her Dairyland Tour and her Rural Leaders for Tammy Tour.

Further, Baldwin’s campaign microtargeted rural communities to deliver content regarding her agricultural work. 

But her rigorous travel is not the only thing that sealed the deal for her. The senator acknowledged that people can go everywhere, but they also need to effectively engage voters in each place they travel to. 

One thing she noted is that she’s “had years to earn the trust of Wisconsin voters,” referencing the short few months that the campaign of Vice President Kamala Harris had to turn out voters for her in the state. 

Baldwin also said she convenes roundtables and forums on relevant issues while she travels in Wisconsin.

“So I’ve done that on, say, the fentanyl and opioid epidemic, bringing together first responders, public health officials, concerned community members to talk about what does the epidemic look like in this community, in this area of the state? What resources do you need? What are your biggest worries?”

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A woman wears a Cheesehead hat with the American flag in Wisconsin. (Reuters/File)

She also held events geared toward agricultural issues, she noted. 

Baldwin notably credits, in part, her work on agricultural issues with her re-election win. In early October, Baldwin earned the endorsement of the Wisconsin Farm Bureau Federation Board of Directors, which was a significant achievement for a Democrat in a statewide election. 

“They cited a number of different measures that I either championed or actually got into law,” she said. 

The senator pointed to her Dairy Business Innovation Act, which provides small grants to various dairy producers and processors. 

“I went this past spring to a particular farm that had received one of these grants, and they had also invited several other farmers and processors who had received grants to show me what they were able to do with these grants in order to grow their business and improve their bottom line,” she said.

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Dairy is a large agricultural industry in Wisconsin. (AP Photo/Charlie Litchfield/File)

The Wisconsin Democrat also pointed to the large manufacturing sector in her state and attributed her push for “buy America” rules in pieces of legislation as helping her win some of those voters. 

On whether her campaign is a model for other Democrats, specifically those in swing states, she said, “I think it is something that would be helpful to many public officials.”

Baldwin added that she realized the need to travel Wisconsin to this extent during her first Senate campaign: “I had been in the House of Representatives representing, as you know, seven counties in [the] south-central part of the state. I had to learn Wisconsin as I was running.”

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Baldwin touted her 72-country strategy. (Reuters/File)

“And so traveling to do that learning was extremely important, being exposed to, you know, the timber industry and the north woods. We didn’t have a big timber industry in the south-central part of the state.”

The Midwestern senator also said this was the first time she heard from Wisconsinites that elected officials hadn’t been spending much time in certain parts of the state.

“One thing I will say that I hear from constituents when I show up is just like, ‘I don’t remember the last time we had a U.S. senator visit our community, and especially not a Democrat,’” she said.

“It’s like, you know, the timber industry folks saying, ‘I don’t think we’ve ever had a senator pay so much attention to us,’” she added.

A woman told Monterey police that Pete Hegseth, President-elect Donald Trump’s pick for Defense secretary, took her phone, blocked her from leaving his hotel room and sexually assaulted her, according to a newly released police report.

On Wednesday evening, the Monterey Police Department released a 22-page report revealing graphic details in the 2017 assault claim filed against Hegseth, which did not result in any charges. The report reveals two starkly different narratives about what unfolded during a sexual encounter in his hotel room while the two were attending a Republican women’s conference in the city in October 2017.

The woman, who is referred to as Jane Doe in the report, claimed that she repeatedly told Hegseth “no” during the alleged assault, and that he ejaculated on her stomach and told her to “clean it up” — an incident she said left her with nightmares, according to the report.

Hegseth told police that the pair had consensual intercourse and that he made multiple attempts to ensure she was comfortable during the encounter, according to the report.

His attorney has said that he entered a confidential settlement agreement with his sexual assault accuser for an undisclosed sum.

Hegseth has denied any wrongdoing since the accusation was revealed last week, and the Trump transition has continued to publicly support his nomination.

The recently released report brings more questions to what was already gearing up to be a controversial confirmation process for Hegseth’s nomination as U.S. secretary of Defense. Hegseth, 44, is a veteran of the wars in Iraq and Afghanistan and has been a Fox News host since 2017 and a contributor since 2014.

Hegseth was a keynote speaker at the 2017 Republican women’s conference hosted at the Hyatt Regency Monterey Hotel and Spa.

According to the police report, both Doe and Hegseth told officers that the two of them went with a group to the hotel bar after Hegseth’s speech and an after-party hosted in a hotel suite.

Doe told police that she informed Hegseth she was uncomfortable when he touched her knee at the bar and declined his offer to return to his hotel room. The woman also reported that she observed Hegseth acting inappropriately toward woman at the conference, rubbing them on their legs and giving off a “creeper” vibe, according to the report.

The report contains conflicting information over how intoxicated each of them were. Doe had difficulty remembering some of the nights events and, during a sexual assault exam, later told a nurse that shes believed something might have been slipped into her drink, according to the report.

Doe remembered trying to leave Hegseth’s hotel room and being physically blocked from doing so. She also recalled Hegseth wearing dog tags, ejaculating on her stomach and telling her to “clean it up.” And she remembered saying “no” a lot, according to the report.

Hegseth recalled a very different sequence of events.

He told police that Doe led him to his hotel room, where things progressed between the two of them, according to the report. He told police there was “always” conversation and “always” consensual contact between himself and Doe.

Hegseth recalled Doe displaying early signs of regret following the incident and that she said she would tell her husband she fell asleep on a couch in another hotel room, according to the report.

Four days after the encounter, on Oct. 12, Doe went to a hospital to request a sexual assault forensic exam and brought with her the clothes she was wearing during the alleged assault.

Doe reported experiencing memory loss and nightmares in the aftermath of the sexual encounter, according to the report. An associate of hers also told officers that she had very little energy and would burst into tears out of the blue after the incident, according to the report.

Hegseth is a graduate of Princeton University, and has a graduate degree from Harvard University. He was decorated with two Bronze Stars and a Combat Infantryman Badge for his military service. He left the military after President Biden was elected, saying he’d been ordered to stand down from guard duty at the inauguration after top brass dubbed him an extremist and “white nationalist.”