A group of former federal judges sharply criticized a top Justice Department official this week for characterizing the court fights playing out in President Donald Trump’s second term as a ‘war’ against so-called ‘activist judges,’ remarks they described as unnecessarily inflammatory and amounting to ‘pouring oil’ on an already fast-burning fire.

Todd Blanche, the deputy attorney general, spoke colorfully last week during a fireside chat hosted by the Federalist Society. Blanche used his time to excoriate federal judges for pausing or blocking some of Trump’s biggest executive orders and actions since January and to urge young lawyers and law students in the audience to fight back. 

‘It is a war,’ Blanche said, ‘and it is something we will not win unless we keep on fighting.’

The judges ‘have a robe on, but they are more political, or as political, as the most liberal governor or DA,’ Blanche added. 

His remarks prompted a rebuke from the New York State Bar Association and from the Article III Coalition, a group of 50 former federal judges appointed by Democratic and Republican presidents. 

This type of rhetoric, ‘especially when voiced by high-ranking officials — not only endangers individual judges and court staff, but also undermines the public’s trust in the judiciary as an impartial and co-equal branch of government,’ the judges said in a letter. 

In a series of interviews this week, several former judges told Fox News Digital they were shocked by Blanche’s remarks, which they described as a departure from longstanding Justice Department norms and a threat to the judiciary both as an institution and to the individual judges who serve on the bench.

One judge said Blanche’s remarks were ‘wildly different from all prior decades and under all prior administrations’ he experienced in his more than 60-year career in D.C.

‘I’ve been in Washington since 1974, continuously, and I’ve never seen anything like it,’ Paul R. Michel, the former chief judge for the U.S. Court of Appeals for the Federal Circuit, told Fox News Digital in an interview.

Michel served as a special prosecutor in the Watergate investigation, a role in which he personally interviewed former President Nixon. 

‘It’s just startling for the deputy attorney general to be functioning as a PR ‘hatchet man’ instead of a law enforcement official,’ he said of Blanche’s remarks.

Michel and others in the group of retired judges told Fox News Digital they fear the rhetoric used could further erode public trust in the judiciary, a branch that the framers designed to interpret the law impartially and to serve as a check against excesses of the other branches, regardless of politics or the administration in charge. 

They noted that while parties often disagree with a decision or a near-term temporary order or motion, both the Justice Department and the opposing parties have a readily available mechanism to seek relief via the appeals process. 

Parties looking to challenge a temporary order or other form of injunctive relief can proceed with having the district court evaluate a case on its merits, kick it to the U.S. Court of Appeals, and, in some cases, the Supreme Court, for review, Philip Pro, a former U.S. district judge in Nevada appointed by President Ronald Reagan, told Fox News Digital.

Federal judges have attempted to issue near-term or emergency orders temporarily blocking some of Trump’s top policy priorities, including on immigration enforcement, birthright citizenship and sweeping layoffs across the federal government. The administration has responded to the lower court actions by seeking emergency relief from the higher courts, via emergency stays, which Blanche also touted during his remarks last week. 

Judges are ‘totally reactive’ by design, Pro said. ‘We’re sitting in our districts. The cases are randomly assigned.’

‘There is nothing ‘rogue’ about these decisions,’ Pro added. ‘Those wheels grind slowly, but they grind exceedingly well, and that’s the way you get resolution.’

Josh Blackman, a professor at the South Texas College of Law who attended the fireside remarks, told Fox News Digital in an interview he is sympathetic to the concerns voiced by the judges, but he also understands the broader issue Blanche may have been trying to get at, which is the power the courts have to review the actions of the executive branch. 

This has emerged as a particular pain point not only for Trump but for his predecessors, each of whom has sought to enact some of their policy priorities via executive order in a bid to sidestep a clunky and slow-moving Congress.

Those actions are therefore more vulnerable to emergency intervention from the federal courts, Blackman said, though the degree to which judges can or should act in this space is the subject of ongoing debate.

‘I don’t see Blanche’s comments as calling for violence,’ Blackman said. ‘I think it’s more trying to say that there’s just this struggle between the executive branch and the judiciary that is not normal.’ 

Trump is far from the first president to publicly complain about ‘activist’ judges for hampering his policies. Such criticisms stretch back decades and include former presidents Franklin Roosevelt and Richard Nixon, among others. 

Still, the judges say they are concerned by Blanche’s remarks, which are a stark departure from what they experienced in their own careers, including while serving as federal prosecutors.

‘Calling judges ‘rogue’ because they apply the law in a politically unfavorable way is a fundamental misunderstanding of the role of the judiciary in our constitutional structure,’ Allyson K. Duncan, a former judge for the U.S. Court of Appeals for the Fourth Circuit, said in a statement. 

Michel, the former special prosecutor for the Watergate investigation, noted he worked for two successive deputy attorneys general in the ‘exact post Blanche now holds,’ but who gave much different marching orders.

‘Their instructions to me were, ‘Politics are outside the boundaries for Justice Department employees,’ and politics are ‘not to have any influence,” he said. ‘We were not to pay any attention to what somebody in the White House might say, or in the media or elsewhere. We were to be a ‘politics-free zone.’

‘That seemed to me to be entirely appropriate,’ Michel said. ‘The power to investigate, the power to indict and the power to prosecute and convict are awesome, awesome powers,’ he added.

The group also cited concerns for their colleagues who remain on the bench at a time when public threats to judges have increased, according to data from U.S. Marshals. This includes online harassment, threats of physical violence and ‘doxxing’ judges at their home addresses by sending them unsolicited pizzas. Some deliveries have been made in the name of a judge’s son who was shot and killed in 2020 after opening the door to a disgruntled individual disguised as a delivery person.

The number of threats made against federal judges in 2025 has outpaced threats from the past 12-month period, according to the U.S. Marshals Service, prompting a push for Congress to take action. 

‘Deputy Attorney General Blanche’s remarks reflect a reality the Department of Justice confronts every day — a growing number of activist judges attempting to set national policy from the bench,’ a spokesperson for the Justice Department told Fox News Digital on Friday in response to a request for comment. 

‘The department will continue to follow the Constitution, defend its lawful authorities and push back when activist rulings threaten public safety or undermine the will of the American people.’ 

Canadian Security Intelligence Service (CSIS) Director Daniel Rogers, during a rare public appearance Thursday, said nearly one in 10 of the agency’s terrorism investigations include at least one person under the age of 18, marking an alarming trend driven by online extremism.

Since 2014, there have been nearly two dozen violent extremist attacks in Canada resulting in 29 deaths, and at least 60 victims injured, according to Rogers.

Worryingly, he said, nearly one in ten terrorism investigations at CSIS, the country’s domestic spy agency, include at least one ‘subject of investigation’ under the age of 18.

In August, a minor was arrested in Montreal for allegedly planning an attack on behalf of Daesh, according to Rogers.

Just a few months prior, a 15-year-old Edmonton area minor was charged with a terrorism-related offense, as Royal Canadian Mounted Police (RCMP) investigators feared they would commit serious violence related to COM/764, a transnational violent online network that manipulates children and youth across widely accessible online platforms.

Rogers also noted two 15-year-olds were arrested in Ottawa for allegedly conspiring to conduct a mass casualty attack targeting the Jewish community in Canada’s capital in late 2023 and early 2024.

‘Clearly, radicalized youth can cause the same harms as radicalized adults, but the societal supports for youth may help us catch radicalization early and prevent it,’ Rogers said. ‘These tragic numbers would have been higher if not for disruptive actions taken by CSIS and our law enforcement partners.’

The CSIS joined the RCMP and intelligence partners from the U.S., United Kingdom, Australia and New Zealand in releasing a joint public report in December, highlighting the evolving issue of young people and violent extremism. 

The report provides advice to parents, guardians and others with information to help them identify early concerns and address youth radicalization before it’s too late. 

‘Since 2022, CSIS has been involved in the disruption of no fewer than 24 violent extremist actions, each resulting in arrests or terrorism peace bond charges,’ Rogers said. ‘In 2024, CSIS played an integral role in the disruption of two Daesh-inspired plots. In one case, a father and son were allegedly in the advanced stages of planning an attack in the Toronto area. In another, an individual was arrested before allegedly attempting to illegally enter the United States to attack members of the Jewish community in New York. In these examples, and in many others, I can’t discuss publicly, our counter-terrorism teams have partnered with law enforcement and saved lives.’

He attributed the radicalization to ‘eroding social cohesion, increasing polarization, and significant global events,’ which he said ‘provide fertile ground for radicalization.’

‘Many who turn to violence radicalize exclusively online—often without direction from others,’ Rogers said. ‘They use technology to do so secretly and anonymously, seriously challenging the ability of our investigators to keep pace and to identify and prevent acts of violence.’

Rogers also noted the CSIS collects intelligence and defends against transnational repression, previously focusing on transnational repression by the People’s Republic of China, India and others. 

‘In particularly alarming cases over the last year, we’ve had to reprioritize our operations to counter the actions of Iranian intelligence services and their proxies who have targeted individuals they perceive as threats to their regime,’ he said. ‘In more than one case, this involved detecting, investigating, and disrupting potentially lethal threats against individuals in Canada.’

Former Chicago Mayor Rahm Emanuel, a potential White House hopeful for 2028, said on Wednesday that he wants a mandatory retirement age of 75 for the president and people holding office in other branches of government.

‘You’re 75 years old: done,’ Emanuel, a Democrat, said at a Center for American Progress event. ‘And that would be in the legislative branch, it’d be in the executive branch — including the Cabinet — and it’d also be in the Supreme Court, and all the federal courts.’

Emanuel, 66, acknowledged that he would be affected by this proposal if he happens to be elected president in 2028 and seeks re-election, as he would be 73 at the start of a potential second term.

‘I know where I am in my age. Of course it would apply to me,’ Emanuel told Politico. ‘You can’t say ‘here’s what I want to do to change Washington, one of the things I want to do’ — but I get an exemption because I bought it beforehand.’

The proposal would make President Donald Trump, 79, ineligible to continue serving and would have prevented former President Joe Biden, now 83, from serving his term in the White House.

In Congress, 17 senators and 45 House members are currently 75 or older and would be impacted by the standard.

Supreme Court Justices Clarence Thomas, 77, and Samuel Alito, 75, would also be barred from continuing to serve on the bench, while Justices Sonia Sotomayor, 71, and John Roberts, 70, are nearing Emanuel’s mandatory retirement age.

‘You can’t serve in the armed forces, you can’t serve in private sector jobs,’ Emanuel told reporters on Wednesday. ‘Go work on your golf swing, it’s not that good to begin with.’

Emanuel, who served as ambassador to Japan under Biden and chief of staff under former President Barack Obama, is reigniting a topic that was hot during the last presidential election.

Biden, then 81, and Trump, then 78, were both campaigning for a second term ahead of the 2024 election while facing questions surrounding repeated gaffes. Biden ultimately dropped out of the race amid pressure to end his campaign over his mental and physical fitness.

Former U.S. Ambassador to the U.N. Nikki Haley, who ran in the GOP primary in the last presidential election, proposed mandatory mental competency tests for politicians over the age of 75 during her campaign.

Emanuel, also a former House member, said he would push for legislation to set the limit instead of attempting a constitutional amendment. It is unclear whether that proposed legislation would be constitutional, and could be difficult to receive support in a Congress where the median age for senators is 64.

He said the age limit would be part of a broader demand for ‘comprehensive ethics, lobbying [and] anti-corruption reform’ across the federal government that he said would include a crackdown on lawmakers and judges accepting and stock trading. He wants the Democratic Party to push that proposal as part of a midterms message that also includes raising the minimum wage.

‘You have a president of the United States, in my view, that has expanded, deepened the swamp. Our job is to drain the swamp as Democrats,’ Emanuel said. ‘There’s not a day that goes by that you don’t read a story about either his family, [Commerce Secretary Howard] Lutnick’s family or [Special Envoy Steve] Witkoff’s family making money.’

The Department of Justice under President Donald Trump has opened a probe into Rep. Eric Swalwell, D-Calif., over alleged mortgage fraud, Fox News has confirmed.

In response, Swalwell said he was not surprised to be targeted by Trump and vowed to keep speaking out while pursuing his lawsuit.

‘As the most vocal critic of Donald Trump over the last decade and as the only person who still has a surviving lawsuit against him, the only thing I am surprised about is that it took him this long to come after me,’ the California lawmaker said.

‘Like James Comey and John Bolton, Adam Schiff and Lisa Cook, Letitia James and the dozens more to come – I refuse to live in fear in what was once the freest country in the world.

‘Of course, I will not end my lawsuit against him. And I will not stop speaking out against the President and speaking up for Californians,’ he continued. ‘As Mark Twain said, ‘Patriotism is supporting your country all the time, and your government when it deserves it.’ Mr. President, do better. Be better.’

The probe, which was first reported by NBC, will investigate allegations of millions of dollars in loans and refinancing were based on Swalwell declaring that his primary residence was in Washington, D.C., a person familiar with the referral told the news organization.

According to the report, the director of the Federal Housing Agency, Bill Pulte, sent Attorney General Pam Bondi a letter on Wednesday accusing Swalwell of possibly making false or misleading statements on loan documents.

The source also reportedly told NBC the investigation is into possible mortgage fraud, tax fraud at the state and local level, insurance fraud and any related crimes.

Fox News Digital has reached out to the Department of Justice for comment on the matter.

Swalwell has been one of Trump’s most outspoken critics, and last month he faced scrutiny over a ‘bizarre inconsistency’ in his campaign’s Federal Election Commission filings that list several different reasons for payments to a Haitian American staffer totaling more than $360,000.

FEC filings from Swalwell for Congress and his Remedy PAC, dating back to 2021, show more than 75 payments to staffer Darly Meyer, ranging from $53 to more than $12,000 for various reasons.

Meyer received 27 payments last year totaling more than $120,000 and is on pace to earn a similar amount in 2025. The filings list multiple explanations for the disbursements, including travel, car and security services, and salary, as well as reimbursements for personal travel expenses, event flowers, and postage.

Over the years, Swalwell’s campaign has reported numerous expenditures on luxury car services, expensive restaurants, and high-end hotels in international cities such as Dubai, Berlin, Paris and London.

Swalwell also claimed there was strong evidence of collusion between Russia and Trump, but those claims were contradicted by when we.

Durham’s report, released in 2023, found intelligence agencies lacked ‘actual evidence of collusion’ to justify launching the Trump-Russia probe. The findings echoed Robert Mueller’s 2019 report, which found no criminal conspiracy between Trump’s campaign and Russia.

This is a developing story and will be updated as more information becomes available.

Former Rep. Louie Gohmert blasted ex-Special Counsel Jack Smith for allegedly targeting his personal phone records as part of his investigation into the Jan. 6, 2021, Capitol riots, telling Fox News Digital in an exclusive interview that his action ‘destroys the checks and balances that the founders counted on.’

Fox News Digital exclusively reported Thursday morning that Smith targeted then-House Speaker Kevin McCarthy’s personal, private phone records, as well as Gohmert’s. 

Fox News Digital exclusively reviewed the document that FBI Director Kash Patel recently shared with Senate Judiciary Committee Chairman Chuck Grassley and Sen. Ron Johnson containing the explosive revelations. Grassley and Johnson have been leading a joint investigation into Smith’s ‘Arctic Frost’ probe.

According to the document, Smith, on Jan. 24, 2023, allegedly sought the ‘toll records for the personal cell phones of U.S. Speaker of the House Kevin McCarthy (AT&T) and U.S. Representative Louie Gohmert (Verizon.)’

The information was included as part of a ‘significant case notification’ drafted by the FBI’s Criminal Investigative Division May 25, 2023.

‘It is astounding that Jack ‘Frost’ Smith went on this persecution,’ Gohmert told Fox News Digital Thursday. ‘Apparently, this guy has never read the Fourth Amendment because you have to describe with particularity what it is you’re going after — there should be probable cause, and they had no probable cause. They were going on a witch hunt.’

Smith had sought Gohmert’s personal cellphone records from November 2020 through the end of January 2021.

‘They don’t have any regard for the Fourth Amendment,’ he said. ‘It makes Watergate look like school yard folly.’

But Gohmert said it is the ‘principle.’

‘It is the separation of powers that is the problem,’ Gohmert explained. ‘People and whistleblowers contacted me regularly from within the DOJ and the FBI about overreach within the FBI and DOJ. By grabbing my records, they could stifle reporting of potential crimes by people within the agencies.’

‘You can’t just go seize members of Congress’ records even with a warrant because of that separation of powers,’ Gohmert said. ‘There has to be a wall and that’s what troubles me more than anything.’

Gohmert told Fox News Digital that he didn’t remember who he spoke with during the time period Smith sought records, but said that ‘the last thing I want is for someone who trusted me to keep their name private to have some jack-booted thug like Jack ‘Frost’ Smith grab my records and find out who is tattle tailing on him.’ 

He added: ‘It violates and destroys the checks and balances that the founders counted on.’

Gohmert, though, told Fox News Digital that he trusts the current Justice Department and FBI leadership.

‘I trust the DOJ and trust the people running the FBI,’ he said. ‘We’ll see if there were any crimes committed and, if following the Constitution, they can be properly prosecuted.’ 

Meanwhile, McCarthy said he will take legal action against Smith. 

‘Jack Smith’s radical and deranged investigation was never about finding the truth,’ McCarthy told Fox News Digital. ‘It was a blatant weaponizing of the Justice Department to attack political opponents of the Biden administration. Perhaps no action underscores this point more than the illegal attempt to access the phone records of sitting members of the House and Senate — including the Speaker of the House.’ 

‘His illegal targeting demands real accountability,’ McCarthy continued. ‘And I am confident Congress will hold hearings and access documents in its investigation into Jack Smith’s own abuses.’ 

‘At the same time, I will ask my own counsel to pursue all areas of redress so this does not happen to anyone else,’ McCarthy said. 

The revelations come after Fox News Digital exclusively reported in October that Smith and his ‘Arctic Frost’ team investigating the Jan. 6, 2021, Capitol riots were tracking the private communications and phone calls of nearly a dozen Republican senators as part of the probe, including Sens. Lindsey Graham of South Carolina, Marsha Blackburn of Tennessee, Ron Johnson of Wisconsin, Josh Hawley of Missouri, Cynthia Lummis of Wyoming, Bill Hagerty of Tennessee, Dan Sullivan of Alaska, Tommy Tuberville of Alabama and GOP Rep. Mike Kelly of Pennsylvania.

An official told Fox News Digital that those records were collected in 2023 by Smith and his team after subpoenaing major telephone providers. 

Smith has called his decision to subpoena and track Republican lawmakers’ phone records ‘entirely proper’ and consistent with Justice Department policy.

‘As described by various Senators, the toll data collection was narrowly tailored and limited to the four days from January 4, 2021 to January 7, 2021, with a focus on telephonic activity during the period immediately surrounding the January 6 riots at the U.S. Capitol,’ Smith’s lawyers wrote in October to Grassley.

Grassley, R-Iowa, and Johnson, R-Wis., have been investigating the matter. 

An FBI official told Fox News Digital that ‘Arctic Frost’ is a ‘prohibited case,’ and that the review required FBI officials to go ‘above and beyond in order to deliver on this promise of transparency.’ The discovery is part of a broader ongoing review, Fox News Digital has learned.

Smith, after months of investigating, charged President Donald Trump in the U.S. District Court for Washington, D.C., in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request. 

Smith’s case cost taxpayers more than $50 million. 

Smith did not immediately respond to Fox News Digital’s request for comment.