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The Speaker’s Lobby: The Hitchhiker’s Guide to Electing a House Speaker

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The Speaker’s Lobby: The Hitchhiker’s Guide to Electing a House Speaker

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The Constitution dictates that the 119th Congress begins at noon et on Friday. 

And the first order of business in the House is to elect the Constitutional officer for the legislative branch of government: Speaker of the House.

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Only the House votes for Speaker. And the House can’t do anything – I’ll repeat that, anything – until it chooses a Speaker. 

It can’t swear-in Members until the House taps a Speaker and he or she is sworn-in. The Speaker then swears-in the rest of the body, en masse. Then the House must adopt a rules package to govern daily operations. Only then can the House go about debating bills, voting and constructing committees for hearings. 

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If the House fails to elect a Speaker on the first ballot, it must proceed to a second ballot. 

And on and on.  

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Consider for a moment that the House had never even taken a second vote for Speaker in a century before the donnybrook two years ago. It took four ballots to re-elect late House Speaker Frederick Gillett, R-Mass., in 1923. 

What is past is prologue for the House. Consider how the House consumed 15 rounds spread out over five days before electing former House Speaker Kevin McCarthy, R-Calif., in January, 2023. The Speakership remained vacant – and thus, the House frozen – for 22 days after Republicans dumped McCarthy nine months later. House Republicans then tapped House Majority Leader Steve Scalise, R-La., for Speaker. Scalise withdrew his name before there was even a floor vote. House GOPers then tapped Rep. Jim Jordan, R-Ohio, to become Speaker. But Jordan lost three consecutive votes for Speaker on the House floor, bleeding support on each ballot. House Republicans then anointed House Majority Whip Tom Emmer, R-Minn., for Speaker. Emmer withdrew hours later. 

Fox News Digital briefly spoke with ex-Speaker Kevin McCarthy during a rare appearance on Capitol Hill

House Republicans finally nominated House Speaker Mike Johnson, R-La., for the job. The Louisiana Republican won on the floor. But some conservatives have been disappointed in Johnson ever since. They’ve flagged how he handled multiple, interim spending bills from last November on. They didn’t like that he allowed a bill on the floor to aid Ukraine. They opposed him doing yet another interim spending bill in September. They really didn’t like how he worked with Democrats on major, must-do pieces of legislation. And then there was the misstep of the staggering, 1,500-page interim spending package which Mr. Trump and Elon Musk pulverized from afar in December. Johnson then did President-elect Trump’s bidding with another spending package – which included a debt ceiling increase. But 38 House Republicans bolted on that bill. 

So Johnson’s tenure has been bumpy. And that’s why he’s on the hook come Friday afternoon during the vote for Speaker. Everyone on Capitol Hill is on tenterhooks when it comes to wrapping this up expeditiously. 

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Here’s what will happen Friday at noon: 

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Acting House Clerk Kevin McCumber will preside until the House elects a Speaker. The first order of business is a “call of the House.” That’s where the House establishes how many of its Members-elect are there, simply voting “present.” The House should clock in at 434 members: 219 Republicans and 215 Democrats. There should be one vacancy. Former Rep. Matt Gaetz, R-Fla., resigned in the fall – and said he did not “intend” to serve in the new Congress, despite having won reelection. 

Watch to see if there are absences in that call of the House. Fox is told that Democrats who have struggled with health issues of late – including Reps. Raul Grijalva, D-Ariz., Dwight Evans, D-Penn., and former House Speaker Nancy Pelosi, D-Calif., will likely be there. But the Speaker’s election is about the math. How many lawmakers report to the House chamber will dictate margins in the Speaker’s vote.

Then it’s on to nominating speeches. Incoming House Republican Conference Chairwoman Lisa McClain, R-Mich., will nominate Johnson for Speaker. House Democratic Caucus Chairman Pete Aguilar, D-Calif., will nominate House Minority Leader Hakeem Jeffries, D-N.Y. Anyone else can then place someone’s name in nomination.

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Then, the House calls the roll of Members-elect alphabetically. Each Member rises and verbally responds, calling out their choice by name. Reps. Alma Adams, D-N.C., Robert Aderholt, R-Ala., and the aforementioned Aguilar are the first names out of the block.

(L-R) Rep. Lisa Blunt Rochester, D-Del., Rep. Nancy Pelosi, D-Calif., Sen. Chuck Schumer, D-N.Y., and other congressional Democrats hold a rally and news conference ahead of a House vote on health care and prescription drug legislation in the Rayburn Room at the U.S. Capitol on May 15, 2019 in Washington, D.C.

(Chip Somodevilla/Getty Images)

But lawmakers can vote for anyone they want. That includes persons who aren’t House Members. That’s why there have been votes cast over the years for the late Gen. Colin Powell, Sen. Rand Paul, R-Ky., former Sen. Jeff Sessions, R-Ala., and former U.S. Comptroller General David Walker. 

This is what Johnson – or anyone else must do – to win the Speakership:

The winning candidate must secure an outright majority of all Members voting for a candidate by name. 

So let’s say there are 434 members and all vote for someone by name. The magic number is 218. If Johnson gets the votes of all 219 Republicans, he wins. If Johnson gets 218 votes, he also wins. But 217? No dice. Under those circumstances Johnson would have prospectively outpolled Jeffries, 217-215 – with two votes going to other candidates. But the “most votes” doesn’t win. 217 is not an outright majority of House Members voting for someone by name. The House must take ANOTHER ballot to elect a Speaker. 

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Fox is told there are anywhere from 12 to 17 Republicans who could vote for someone besides Johnson. And some Republicans are being cagey about their votes. 

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Here’s something to watch: Members who vote “present.”

Rather than voting for someone besides Johnson, some Republicans may protest by simply voting “present.” A “present” vote does not count against Johnson. 

So let’s do some hypothetical math here:

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Let’s say 434 Members cast ballots. Jeffries secures support from all 215 Democrats. Three Republicans vote “present.” In other words, not voting for any candidate by name. Johnson scores 216 votes. He has the most votes. But more importantly, only 431 Members voted for someone by name. 216 is an outright majority of 431. 434 doesn’t matter under these circumstances. So Johnson becomes Speaker. 

But there is serious danger in too many Republicans voting “present.” 

Consider this scenario: 

All 215 Democrats vote for Jeffries. But five Republicans vote “present.” Johnson records 214 votes. 429 Members cast ballots for someone by name. The magic number here is 215. Guess who’s Speaker? Jeffries. He marshalled an outright majority of all Members voting for a candidate by name.

Trump looks on as Johnson speaks

(Joe Raedle/Getty Images)

As they say in the movies, “You play a very dangerous game, Mr. Bond.”

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With such a thin margin in the House, Republicans are absolutely tinkering with fire if they get too cute by half. Yes. Some conservatives might not want to re-elect Johnson as Speaker. But they certainly don’t want Jeffries. 

So it’s hard to say what happens on Friday afternoon. If the House dithers too long, this could delay the certification of the Electoral College vote on Monday. The House and Senate must meet in a Joint Session of Congress on January 6 to certify the election results. No House Speaker? No Joint Session. 

But something else will likely unfold if this drags on. Johnson loyalists and mainstream Republicans have had it with right-wing ideologues, the Freedom Caucus and other freelancers. Expect a full-on brawl between those two factions if Republicans struggle to elect a Speaker.

And as we wrote earlier, what is past is prologue. 

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A protracted battle over the Speakership serves as prologue to the looming, internecine fights among Republicans when it comes to governing. That’s to say nothing of implementing a solitary plank of President-elect Trump’s agenda.

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Biden to Dole Out 19 Medals of Freedom, and One Unmistakable Message

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Biden to Dole Out 19 Medals of Freedom, and One Unmistakable Message

With 16 days left in a political career that spanned a half-century, President Biden is expected on Saturday to confer one of the nation’s highest honors on core members of the political, financial and celebrity establishment of which he has long been a part.

President-elect Donald J. Trump will replace Mr. Biden on Jan. 20, determined to continue his assault on what he has long called “the swamp.” In 2016, Mr. Trump vowed to wage war against establishment members in both parties who he said had “reaped the rewards of government while the people have borne the cost.”

But on Saturday, Mr. Biden will award the Presidential Medal of Freedom to 19 Americans, including some of the brightest lights of the old guard that Mr. Trump wants to tear down. In doing so, the 82-year-old outgoing president is sending an unmistakable message of support for a democratic order he has said is threatened by Mr. Trump’s re-election.

Among those receiving the award are Hillary Clinton, the former first lady, senator and secretary of state whom Mr. Trump threatened to jail; Robert F. Kennedy, the assassinated senator whose son has embraced Mr. Trump; and George Romney, the late father of Senator Mitt Romney, the Republican from Utah who repeatedly rejected Mr. Trump’s actions and philosophy.

As many presidents have done with the Medal of Freedom, Mr. Biden also will honor some of his party’s most prolific fund-raisers, including the man who looms largest of all among Democratic donors — George Soros, the liberal activist billionaire whom Republicans have cast as the party’s evil puppet master.

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They also include the magazine editor and cultural figure Anna Wintour, who put the first lady, Jill Biden, on the cover of Vogue twice in the last four years while spurning Melania Trump during her husband’s presidency. Ms. Wintour is one of the leading fund-raisers in the fashion industry, having hosted events for Mr. Biden’s re-election campaign in London and Paris last year.

Mr. Biden will also recognize artists, musicians, sports figures, philanthropists and others who have contributed to society, including the singer Bono, the actor Michael J. Fox, the basketball legend Magic Johnson and the investor David M. Rubenstein.

All modern presidents have awarded the medal to those whom they found deserving, often as they are leaving the political scene for good and sometimes with an ideological tilt. It is seen by historians as a final use of the presidential megaphone to say to Americans: This is whom we should admire and emulate.

After Mr. Trump won in 2016, President Barack Obama gave the medal to the N.B.A. star Michael Jordan, the actors Tom Hanks and Robert De Niro and others. Earlier, Mr. Obama had given the award to Mr. Biden, who had served as his vice president.

Four years later, as Mr. Trump was leaving office, he gave the medal to two professional golfers, an Olympic athlete and Representatives Devin Nunes of California and Jim Jordan of Ohio, two of his fiercest Republican loyalists in Congress.

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But Mr. Biden’s use of the presidential prerogative appeared to be more even pointed than that of some of his predecessors.

His decision to give the medal posthumously to Mr. Kennedy could be read as a rebuke to Mr. Kennedy’s son, a member of perhaps the country’s most famous Democratic family. The decision by Robert F. Kennedy Jr. to endorse Mr. Trump during the campaign — despite denunciations from most of his relatives — helped lead to Mr. Trump’s choice of him to head the Department of Health and Human Services.

The White House noted that the elder Mr. Romney, a Republican, had been the chairman and president of American Motors Corporation and had later served as governor of Michigan and as secretary of housing and urban development. But he was also the father of the younger Mr. Romney, the only Republican to vote twice to convict Mr. Trump after his two impeachments.

The award for Mr. Romney echoes Mr. Biden’s decision this week to award the Presidential Citizens Medal, one of the nation’s highest civilian honors, to Representative Liz Cheney, who led the effort to hold Mr. Trump accountable for his actions during the assault on the Capitol in 2021.

Both awards from a Democratic president to prominent Republicans offered to give Mr. Biden the kind of public relations jolt that has mostly been reserved for Mr. Trump since the election.

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The same could not be said for Mr. Soros. By awarding the medal to him, Mr. Biden is acknowledging how important the investor and philanthropist has been to the Democratic Party. That is something that many members of Mr. Biden’s party have been wary of doing, fearing that Mr. Trump and other Republicans would seize on it as evidence of the conspiratorial control they say he has.

But Mr. Biden seems willing to ignore that concern. After weeks in which Mr. Trump has showcased Elon Musk, the world’s richest man, as a member of his inner circle, Mr. Biden appeared to want to say: We have our billionaires, too.

Mr. Soros has spent hundreds of millions of dollars on progressive politics since the Supreme Court’s Citizens United decision, which unleashed a torrent of money into politics from businesses and the wealthy people who run them. Mr. Soros and his family crucially stood by Mr. Biden immediately after Mr. Biden’s disastrous debate performance last year.

The White House description of Mr. Soros was more staid, focusing on his creation of the Open Society Foundation, saying that “through his network of foundations, Soros has supported organizations and projects across the world that strengthen democracy, human rights, education and social justice.”

Other major benefactors include Tim Gill, a software entrepreneur, who has been among the most important donors in the gay community, working to push L.G.B.T.Q. rights first in his home state of Colorado and then nationally. He gave $355,000 to the Biden Victory Fund during the 2020 race.

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Theodore Schleifer contributed reporting.

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New York Gov. Kathy Hochul seeks expanded involuntary commitment laws over violent crimes on subway

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New York Gov. Kathy Hochul seeks expanded involuntary commitment laws over violent crimes on subway

New York Gov. Kathy Hochul, a Democrat, is looking to expand the state’s involuntary commitment laws to allow hospitals to force more people with mental health problems into treatment.

This comes in response to a series of violent crimes in the New York City subway system.

Hochul said Friday she wants to introduce legislation during the coming legislative session to amend mental health care laws to address the recent surge of violent crimes on the subway.

“Many of these horrific incidents have involved people with serious untreated mental illness, the result of a failure to get treatment to people who are living on the streets and are disconnected from our mental health care system,” the governor said.

HOCHUL’S CHRISTMASTIME BOAST OF SAFER SUBWAY CAME AMID STRING OF ALARMING VIOLENT ATTACKS

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New York Gov. Kathy Hochul wants to expand the state’s involuntary commitment laws to allow hospitals to compel more people with mental health struggles into treatment. (John Lamparski/Getty Images)

“We have a duty to protect the public from random acts of violence, and the only fair and compassionate thing to do is to get our fellow New Yorkers the help they need,” she continued.

Mental health experts say that most people with mental illness are not violent and are far more likely to be victims of violent crime than they are to carry out a violent crime.

The governor did not provide details on what her legislation would change.

“Currently, hospitals are able to commit individuals whose mental illness puts themselves or others at risk of serious harm, and this legislation will expand that definition to ensure more people receive the care they need,” she said.

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Hochul also said she would introduce another bill to improve the process in which courts can order people to undergo assisted outpatient treatments for mental illness and make it easier for people to voluntarily sign up for those treatments.

Coney Island-Stillwell Avenue Station

Police officers patrol the F train platform at the Coney Island-Stillwell Avenue Station, Thursday, Dec. 26, 2024, in New York. (AP)

The governor said she is “deeply grateful” to law enforcement who every day “fight to keep our subways safe.” But she said “we can’t fully address this problem without changes to state law.”

“Public safety is my top priority and I will do everything in my power to keep New Yorkers safe,” she said.

State law currently allows police to compel people to be taken to hospitals for evaluation if they appear to be suffering from mental illness and their behavior presents a risk of physical harm to themselves or others. Psychiatrists must then determine if the patients need to be involuntarily hospitalized.

New York Civil Liberties Union executive director Donna Lieberman said requiring more people to be placed into involuntary commitment “doesn’t make us safer, it distracts us from addressing the roots of our problems, and it threatens New Yorkers’ rights and liberties.”

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Hochul’s statement comes after a series of violent crimes in New York City’s subways, including an incident on New Year’s Eve when a man shoved another man onto subway tracks ahead of an incoming train, on Christmas Eve when a man slashed two people with a knife in Manhattan’s Grand Central subway station and on Dec. 22 when a suspect lit a sleeping woman on fire and burned her to death.

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Police investigate at the Coney Island-Stillwell Avenue Station in Brooklyn

Police investigate at the Coney Island-Stillwell Avenue Station in Brooklyn after a woman aboard a subway car was set on fire and died in New York, United States on December 22, 2024. (Kyle Mazza/Anadolu via Getty Images)

The medical histories of the suspects in those three incidents were not immediately clear, but New York City Mayor Eric Adams, a Democrat, has said the man accused of the knife attack in Grand Central had a history of mental illness and the father of the suspect who shoved a man onto the tracks told The New York Times that he had become concerned about his son’s mental health in the weeks prior to the incident.

Adams has spent the past few years urging the state Legislature to expand mental health care laws and has previously supported a policy that would allow hospitals to involuntarily commit a person who is unable to meet their own basic needs for food, clothing, shelter or medical care.

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“Denying a person life-saving psychiatric care because their mental illness prevents them from recognizing their desperate need for it is an unacceptable abdication of our moral responsibility,” the mayor said in a statement after Hochul’s announcement.

The Associated Press contributed to this report.

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Column: What I learned from watching Fox News after the New Orleans terrorist attack

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Column: What I learned from watching Fox News after the New Orleans terrorist attack

I usually kick off every Jan. 1 with the Rose Parade broadcast on Channel 5, then college football in the afternoon and evening. It’s one of the few days I honestly, truly try to relax and do something that’s next to impossible for me: not work.

Sadly, that’s not how I began my 2025.

I woke up to the news that an ISIS sympathizer had driven a truck onto Bourbon Street in New Orleans earlier that morning, killing 14 people and injuring dozens more. Shortly after, a family member texted that they were safe after a Tesla Cybertruck blew up in front of the Trump International Hotel in Las Vegas.

Whenever national tragedies like these happen, I immediately switch my television to CNN. The cable channel’s team of on-the-ground correspondents is without peer, and its anchors and commentators leave the opining and speculation to a minimum as they stick to the facts with a tone that tries to be authoritative. That’s what I watched for hours on Wednesday, instead of flower-festooned floats and read-option offenses, as I tried to make sense of the horrible start to the new year.

Maybe I was groggy from the previous night’s festivities. Maybe I was too full on breakfast tamales. But at some point, I decided to ditch CNN and tune into a channel I rarely watch:

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Fox News.

I don’t live in a liberal bubble. I listen to Ben Shapiro’s and Rep. Dan Crenshaw’s podcasts when I can, receive dozens of conservative newsletters ranging from libertarian to white nationalist and subscribe to orthodox Catholic newspapers like the Wanderer and New Oxford Review. Right-leaning friends love to debate me, because they know I’m not a knee-jerk ideologue. I have tracked the rise of Trump-loving Latinos in this columna for years, and have long warned liberals they ignore and ridicule Republicans at their own peril.

A well-informed American listens to all views and makes up their mind while always following the newspaper adage that if your mom tells you she loves you, go check it out. That’s why Fox News has always been a bridge too far for me.

A parade of demagogic hosts through the years — Lou Dobbs, Sean Hannity, Laura Ingraham, Tucker Carlson and Bill O’Reilly being among the most notorious — has corroded public discourse like rust eating through a sink. When it comes to breaking news on serious matters, I don’t care for rants and slants — that’s why I rarely watch MSNBC, either. Besides, my viewing habits have always been resolutely local — Channel 5 in the morning, KCAL-TV Channel 9’s nightly three-hour news block, then the 11 p.m. half-hour newscast on KNBC-TV Channel 4.

I’m always willing to give things I oppose a chance. I don’t regret my decision to turn on Fox News on New Year’s Day, because it was a sobering, necessary reminder of the fetid information ecosystem that put Donald Trump in the White House, created a majority in both chambers of Congress and paints critics like me as the enemy.

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Former White House Press Secretary Kayleigh McEnany appears on “Hannity” at Fox News’ studio in Manhattan in 2023.

(Roy Rochlin / Getty Images)

I watched Fox News for four straight hours, with anchors Kayleigh McEnany (a former White House secretary under Donald Trump), Tammy Bruce and Trace Gallagher following each other. Their broadcasts led with segments from the scenes of the deadly attacks that told viewers what was known at the time and included footage of press conferences by the law enforcement agencies investigating the crimes. Those short bits at least offered the pretense of objectivity — the “fair and balanced” mantra Fox News has long insisted is its modus operandi.

But once the anchors brought in Fox News contributors, their shows reflected the unhinged worldview that now holds power in this country.

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Guest after guest blamed the attacks on the FBI for supposedly preferring diversity initiatives and investigating the Jan. 6 Capitol insurrection and conservatives over stopping terrorist attacks. Buzzwords flew around like confetti that had nothing to do with the crimes at hand: Antifa. Open borders. Police haters. The far left.

McEnany, Bruce and Gallagher didn’t imply that the perpetrator had recently entered the country, as Trump and their own network initially did. But they kept referring to the attacker as a “U.S. citizen,” as if they couldn’t believe that a man with a name like Shamsud-Din Jabbar could possibly be an American. The same term was not used on Fox News to describe the Las Vegas Cybertruck exploder, Matthew Livelsberger, according to a review of transcripts.

Ex-Green Beret Jim Hanson called President Biden a “dementia-addled, barely animated carcass.” California Republican Party chair Jessica Milan Patterson demanded that all of Trump’s nominees “be confirmed immediately” so the incoming president could more easily accomplish his agenda. Counterterrorism commentator Aaron Cohen mentioned a pro-Palestinian rally in Times Square that day and tied it to the New Orleans attack, claiming, “You don’t shut this stuff down. This is what happens.”

The Fox News I remembered was in full force: Frothing. Paranoid. Vengeful. Seeking not to inform viewers but to inflame.

But the most wacko commentary came from former San Bernardino County sheriff’s Deputy Meagan McCarthy. Earlier in the day, Fox News published — and then walked back — a report that the truck Jabbar used to kill so many had crossed into the U.S. from Mexico a few days earlier. Following that erroneous piece, an avalanche of politicians demanded that the southern border be shut down, and Trump claimed on social media that “the criminals coming in are far worse than the criminals we have in our country.”

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Gallagher aired an interview with New Orleans-area Republican Rep. Steve Scalise in which Scalise referenced Fox News’ original border crossing claim.

“We don’t know why,” Gallagher told McCarthy. “We don’t know what the link is. We’re not pointing fingers. We’re just saying that it’s interesting that we are at this point.”

“Where there’s smoke, there’s fire,” she replied. “And two things can be true at the same time. You can have an individual who was infiltrated while he was an American citizen, and you can have a problem at the southern border that maybe influenced this attack.”

That’s why McCarthy suggested that the FBI allow the American public “to be a part of the investigation” — something I doubt she would have advocated for back when she was a sheriff’s deputy.

“I understand as a law enforcement officer, you’re privy to certain things you want to keep close to the chest,” she said. “But I think we have seen the destruction at our southern border for four years. We know that there’s some correlation.”

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Later, Gallagher mentioned a police officer who had remarked earlier that day that not going after shoplifters made it “tougher to go after the big fish, the bigger criminals.”

McCarthy agreed.

“Back when I was a cop, you would do those traffic stops to get those moving violations because it would lead to a bigger crime,” she said before adding, “We need to start getting back to defending people and not being afraid of offending people, and that starts with having some hard conversations and saying some hard truths.”

From ripping off a Walgreens to a terrorist attack in New Orleans? Fox News used to have another slogan: We report, you decide. Given that its ratings are the highest in a decade and that it was the highest-rated cable network for the ninth consecutive year, too many Americans have decided that Fox News’ whine-world is reality and have voted into office fellow true believers.

Buckle up your seat belts, everyone else: It’s going to be a hell of a next four years.

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